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BCC Agenda 02/27/2024 Item #16C 1 (Award Invitation Bid 23-8168 Latex Paint Collection and Recycling to EnviroServe, Inc.)16.C.1 02/27/2024 EXECUTIVE SUMMARY Recommendation to award the Invitation to Bid ("ITB") No. 23-8168, "Latex Paint Collection and Recycling" to EnviroServe, Inc., and authorize the Chairman to sign the attached Services Agreement. OBJECTIVE: To continue to safely and compliantly dispose of latex paint collected at the County's Hazardous Materials Collection Center and Recycling Drop-off Centers. CONSIDERATIONS: In accordance with Florida Statute Chapter 403 for local governments to establish hazardous waste management programs, the Solid Waste Division (SWD) is responsible for the safe collection and processing of hazardous and non -hazardous waste generated throughout Collier County, including latex paint. The separate collection and disposal of latex paint, aligns with the Board approved Integrated Solid Waste Management Strategy goals of preserving landfill airspace and protecting the environment. On September 22, 2023, the Procurement Services Division released notices of Invitation to Bid No. 23-8168, Latex Paint Collection and Recycling. The County received the following two (2) bids by the November 7, 2023, deadline. Company Name City County St Bid Amount* Responsive/ Responsible EnviroServe Inc. Sandy/ Mulberry Salt Lake/ Ut/ $112,000.00 Yes/Yes Polk FL EarthPaint Wood Dale Dupage IL $381,580.00 No/No *The quantities listed in the bid tabulation are approximate and are for the purpose of bid evaluation Staff reviewed both bids. EarthPaint was non -responsive and EnviroServe, Inc. was responsive and responsible. Staff is recommending the attached agreement to EnviroServe Inc., the lowest responsive responsible bidder, the effective date upon expiration of Contract #18-7487, February 25, 2024. EnviroServe, Inc. has over 35 facilities nationwide, which includes a location in Mulberry, FL where the County's latex paint will be processed. In June of 2022, EnviroServe acquired the County's former vendor, Clark Environmental. An Assumption Agreement for existing Contract #18-7487 was approved by the Board on December 13, 2022. Staff have been satisfied with the service provided by EnviroServe, Inc. since the agreement was approved. This award will promote and ensure that the SWD and Collier County remain within the State's recycling and waste reduction goal of 75 percent, as well as safely and properly dispose of latex paint for the citizens of Collier County, effectively supporting the County's 2023 Strategic Plan by protecting natural resources and providing services and programs that sustainably manage the County's waste. FISCAL IMPACT: In FY2023 the County spent approximately $102,000 for these services under expiring Contract #18-7487, and the per pound fee was $0.18. That rate was unchanged since the start of the contract in 2019. The new fee offered for the initial three-year term is $0.20 per pound. Funding for this contract is budgeted in the Solid Waste Disposal Fund (4070). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK Packet Pg. 387 16.C.1 02/27/2024 RECOMMENDATION: That the Board of County Commissioners award the agreement for the Invitation to Bid # No. 23-8168, "Latex Paint Collection and Recycling" to EnviroServe Inc., and authorize the Chairman to sign the attached services agreement. Prepared By: Phil Snyderburn, Environmental Manager, Solid & Hazardous Waste Management Division ATTACHMENT(S) 1.23-8168 Solicitation (PDF) 2. [Linked] 23-8168 EnviroServe Bid submittal (PDF) 3.23-8168 Bid Tabulation (PDF) 4.23-8168 COI_EnviroServe INC (PDF) 5.23-8168 NORA pdf (PDF) 6.23-8168 Vendor Signed_ Enviro Serve INC. (PDF) Packet Pg. 388 16.C.1 02/27/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.1 Doc ID: 27771 Item Summary: Recommendation to award the Invitation to Bid ("ITB") No. 23-8168, "Latex Paint Collection and Recycling" to EnviroServe, Inc., and authorize the Chairman to sign the attached Services Agreement. Meeting Date: 02/27/2024 Prepared by: Title: — Solid and Hazardous Waste Name: Jennifer Anderson 01/22/2024 9:41 AM Submitted by: Title: — Solid and Hazardous Waste Name: Kari Hodgson 01/22/2024 9:41 AM Approved By: Review: Solid and Hazardous Waste Phil Snyderburn Additional Reviewer Solid and Hazardous Waste Bart Zautcke Additional Reviewer Procurement Services Vanessa Miguel Level 1 Purchasing Gatekeeper Public Utilities Operations Support Joseph Bellone Additional Reviewer Community & Human Services Lisa Oien Additional Reviewer Solid and Hazardous Waste Kari Hodgson Additional Reviewer Public Utilities Department Vincent Dominach Level 1 Department Review County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Grants Erica Robinson Level 2 Grants Review Procurement Services Sandra Srnka Procurement Director Review Public Utilities Department George Yilmaz Level 2 Division Administrator Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Corporate Compliance and Continuous Improvement Megan Gaillard Office of Management and Budget Laura Zautcke Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 01/22/2024 11:35 AM Completed 01/22/2024 12:10 PM Completed 01/23/2024 9:43 AM Completed 01/23/2024 4:15 PM Completed 01/24/2024 10:18 AM Completed 01/24/2024 3:09 PM Completed 01/24/2024 3:14 PM Completed 01/24/2024 3:37 PM Completed 01/24/2024 4:32 PM Completed 01/25/2024 5:01 PM Completed 01/26/2024 4:12 PM Completed 01/29/2024 8:43 AM Completed 01/29/2024 10:54 AM Additional Reviewer Completed 01/29/2024 1:58 PM Completed 01/30/2024 5:10 PM Completed 02/05/2024 12:10 PM Completed 02/20/2024 8:49 AM 02/27/2024 9:00 AM Packet Pg. 389 16.C.1.a Cor Count y Procurement Services Division COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR COLLECTION AND RECYCLING OF LATEX PAINT SOLICITATION NO.: 23-8168 ti PATRICK BOYLE, PROCUREMENT STRATEGIST N PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8941 Patrick.Boyle@colliercountyfl.gov (Email) This solicitation document is prepared in Microsoft Word format. Any alterations to this document made by the Bidder may be grounds for rejection of the bid, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. Packet Pg. 390 16.C.1.a SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 23-8168 PROJECT TITLE: COLLECTION AND RECYCLING OF LATEX PAINT PRE- BID MEETING: N/A LOCATION: N/A DUE DATE: October 24, 2023, at 3:001)m PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIANII TRAIL EAST, BLDG C-2 NAPLES, FL 34112 All bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: https://www.bidsync.com/bidsync-cas INTRODUCTION As requested by the Solid and Hazardous Waste Division (hereinafter, the "Division"), 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 bid submittals from interested and qualified vendors in accordance with the terms, conditions, and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. BACKGROUND The Solid and Hazardous Waste Division owns and operates six (6) recycling drop-off centers located throughout the County providing an outlet for the public to drop off recyclables and environmentally sensitive materials. FACILITY FACILITY ADDRESS FACILITY HOURS North Collier Recycling Drop-off Center 9950 Goodlette Frank Road Monday — Saturday CRC Naples, FL 34109 8:30 a.m. — 4:30 p.m. Naples Airport Recycling Drop-off Center 2640 Corporate Flight Drive Monday — Saturday (NRC)Naples, FL 34104 8:30 a.m. — 4:30 p.m. Marco Island Recycling Drop-off Center 9950 Goodlette Frank Road Monday — Saturday MRC Naples, FL 34109 8:30 a.m. — 4:30 p.m. Tim Nance Recycling Drop-off Center 825 39t' Ave. NE Monday — Saturday TNRC Naples, FL 34120 8:30 a.m. — 4:30 p.m. Household Hazardous Material Collection Center 3728 White Lake Boulevard Monday — Saturday Naples, FL 34117 8:30 a.m. — 4:30 p.m. Immokalee Transfer Station 700 Stockage Road Monday — Saturday (ITS) Immokalee, FL 34142 8:30 a.m. — 4:30 p.m. Customers can drop off paint in various sized containers (i.e. one -gallon cans and five -gallon). Each facility stores the received paint in vendor -supplied transport bins or roll -off containers. The vendor replaces the storage container at each location once per week or as needed, with a fresh empty container. Should the County open another recycling drop-off facility, new facilities may be added. The Solid and Hazardous Waste Division's historical quantity of this material managed at all locations is listed below, bid quantities are estimated and no quantities are guaranteed. Fiscal Year Quantities (pounds) 2022 439,520 2021 625,120 2020 530,980 0 cfl 00 A N O z 00 H GO 0 c 0 cc c ti ti ti N c 0 0 2 0 07 00 W T 1 M N c 0 E t 0 Q Packet Pg. 391 16.C.1.a TERM OF CONTRACT The contract term, if an award(s) is/are made, is intended to be for three (3) years with two (2) one (1) year renewal options. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure The County Manager, or 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 designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. AWARD CRITERIA c ITB award criteria are as follows: Z ➢ The County's Procurement Services Division reserves the right to clarify a vendor's submittal prior to the award of the 0 solicitation. 06 ➢ It is the intent of Collier County to award to the lowest, responsive, and responsible vendor(s) that represents the best value to 0 the County. ➢ For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: V • Lowest Total Bid c ➢ Collier County reserves the right to select one, or more than one supplier, award on a line item basis, establish a pool for a quoting, or other options that represents the best value to the County; however, it is the intent to: • Award Primary, Secondary, and Tertiary Vendors ➢ The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. 00 DETAILED SCOPE OF WORK N 0 z 1. Storage Container 00 1.1. The Vendor shall provide each County recycling drop-off center with an empty roll -off container, having a minimum size of H 20 yards capacity or capable of storing the quantity of paint dropped off by customers at each respective facility. ... :2 GO 1.2. The roll -off container must be clean, leak -proof, and equipped with a retractable cover. c 0 1.3. The County will consider proposed alternative methods of paint storage for consideration if submitted by the Vendor. The Vendor can only utilize alternative storage methods if the County agrees to the proposed storage method or container. c 2. Pick-up and Transportation 2.1. The container(s) shall be removed from each respective facility upon request from the County or on a frequency schedule that ti ti N is mutually agreed upon by the County and the Vendor. c 0 2.2. The Vendor shall collect and remove (e.g. pick-up) the storage container from the requested facilities and transport to a County pre -approved recycling, treatment, or disposal facility. 2.3. The Vendor shall replace any container that is removed or picked -up with an empty container, that is the same in -kind, with 0 CO the same functionalities, in a location requested by the County. W T op 2.4. Upon award, all transportation vehicles and Vendor personnel shall have and maintain the proper license, including but not N limited to USDOT ID#, registration, and training per local, state, and federal rules and regulations as they apply to the services requested within this solicitation. d E 3. Disposal, Treatment, or Recycling/Recovery Facilities z 0 Q 3.1 The Vendor shall include with bid submission, facilities that will be used throughout the term of the awarded for disposal, treatment, or recycling/recovery facilities. The identified facilities shall hold active permits in accordance with State and Packet Pg. 392 16.C.1.a Federal requirements and provide proof of compliance. The County must approve these facilities prior to the Contract award. 4. Bid Schedule 4.1. All -Inclusive Service Fee per Pound: The Vendor shall supply an all-inclusive service fee per pound of paint picked up. This fee shall include all equipment (roll -off container), personnel, transportation, and any fees relative to removal, disposal, treatment, or recycling/recovery of paint after the paint leaves a County facility, including but not limited to, all travel -related expenses, and all documentation required or requested by the County. The per pound unit of measure on the bid schedule shall not include the weight of the roll -off container or any items other than paint, paint cans, and paint buckets (i.e. the net weight of the paint and individual paint containers alone). 4.2. Urgent Trip Fee: The County must approve an urgent trip fee in writing. This fee shall be per County requested urgent pickup. 4.3. No Additional Charges: The Vendor's invoice shall reflect only the all-inclusive service rate per pound multiplied by the number of pounds picked up and, if applicable, any County approved urgent trip fees. No other additional charges shall be accepted. 5. Response Time If the Primary Vendor does not respond in the required time period for response, the County may request services from the Secondary Vendor, followed by the Tertiary Vendor. The County reserves the right to utilize vendors outside the awarded contract(s) if determined to be in the best interest of the County. 5.1. As Needed Request/Services: 5.1.1. The Vendor shall arrive at the County collection site within three (3) days of the County calling or emailing the Vendor for pickup of the paint. 5.1.2. The County and the Vendor may agree on a scheduled collection frequency. Both shall confirm the schedule via email. 5.2. Urgent Request/Services 5.2.1. Urgent requests shall be determined by the County, e.g. following declaration of a hurricane warning. 5.2.2. The Vendor shall arrive at the County collection site within six (6) hours of the County calling or emailing the Vendor with an urgent request to pick up paint. For each urgent pickup, the Vendor may charge an Urgent Trip Fee as listed on the awarded Fee Schedule. 6. Documentation 6.1. A copy of the signed manifest shall be provided to the County facility that is having service(s) provided. An original copy of the Certificate of Disposal, Treatment, or Recovery/Recycling shall be attached to the invoice submitted for payment. The Certificate should detail the location & quantities of the latex paint's final disposal, treatment, or recycling/recovery. 6.2. Failure to provide the proper documentation may delay the Vendor's payment. VENDOR CHECKLIST ***Vendor should check off each of the following items as the necessary action is completed (please see, Vendor Check List)*** 0 cfl en N 6 z 00 H 00 0 c 0 c� c ti ti ti N C O .2 0 M 00 W T op M N C N E M t� R r r Q Packet Pg. 393 16.C.1.c PM: Donna Deeter PS: Patrick Boyle 23-8168 Collection and Recycling of Latex Paint Bid Tabulation Notifications 4263 = Viewed 22 0 r Bids 2 y O U Non -Responsive Enviroserve Inc. EarthPaint *Quantities are for evaluation purposes only. Line Item Number Description Unit Estimated Annual Quantity* Unit Price Total Extended Price Unit Price Total Extendei Price 1 All-inclusive Service Rate per Pound Pound (Lb) 500,000 $ 0.20 $100,000.00* $ 0.74 $ 370,0W Description Unit Estimated Annual Quantity* Unit Price Total Extended Price Unit Price Total Extender Price 2 Urgent Trip Fee Each 10 $ 1,200.00 $12,000.00 $ 1,158.00 $ 11,580. Total Bid $112,000.00 $ 381,580. *Calcalution error corrected. *Deemed Minor Irregularity Required Documents Form 1: Vendor Declaration Statement Form 2: Conflict of Interest Certification Affidavit Form 3: Immigration Affidavit Certification Form 4: Local Vendor Preference Business Tax Receipt W-9 Sun Biz E-Verify Bid Schedule Addenda (2) Disposal Facilities List FEMA Provisions lL x m �a J e0 W OP ch N O z m oG 0 _ 0 15 W ti ti Yes/No Yes/� N Yes Yes Yes No No Yes Yes Yes Yes Yes* Yes* Yes* No = No No No No � No E — CO No — ao No M N Yes — c No No No — a Page 1 of 1 Packet Pg. 394 16.C.1.d A� o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) F 01/10/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Insurance Managers (USA), Inc. St. Louis MO Office CONTACT PHONE FAX (A/C. No. Ext): (866) 283-7122 (A/C. No.): (800) 363-0105 E-MAIL ADDRESS: 4220 Duncan Avenue Suite 401 St Louis MO 63110 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Ins CO 16535 EnviroServe, Inc. 9815 South Monroe Street Suite 300 INSURER B: American Zurich Ins Co 40142 INSURER C: Lloyd's Syndicate No. 1458 AA1120102 Sandy UT 84047 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570103569688 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS C X COMMERCIAL GENERAL LIABILITY Y ENVP 15 4 EACH OCCURRENCE $1, 000, 000 CLAIMS -MADE X❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED EXP (Any one person) $2 5 , 000 PERSONAL& ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2 , 000, 000 POLICY � PRO - POLICY LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY BAP 8198447 00 01/19/2023 03/15/2024 COMBINED SINGLE LIMIT Ea accident $5,000,000 BODILY INJURY ( Per person) X ANYAUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HI RED AUTOS NON -OWNED ONLY AUTOS ONLY PROPERTY DAMAGE Per accident UMBRELLA LAB EACH OCCURRENCE AGGREGATE EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR / PARTNER /EXECUTIVE wc819844500 wc819844600 01/19/2023 01/19/2023 03/15/2024 03/15/2024 X I PER STATUTE I OTH- ER E.L. EACH ACCIDENT $1, 000 , 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ❑ N / A E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Collier County Board of County Commissioners, Board of County Commissioners in Collier County, Collier County Government and Collier County are included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non -Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County AUTHORIZED REPRESENTATIVE 3295 Tamiami Trail East Naples FL 34112 USA ti ti ti CV ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 395 AGENCY CUSTOMER ID: 570000093680 16.C.1.d LOC #: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Insurance Managers (USA), Inc. Enviroserve, Inc. y U) POLICY NUMBER see Certificate Number: 570103569688 CARRIER NAIC CODE EFFECTIVE DATE: See Certificate Number: 570103569688 W O ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE I NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS GENERAL LIABILITY C ENVP000038623 01/19/2023 03/15/2024 Contractors P011utio $1,000,000 Deductible $50,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 396 DocuSign Envelope ID: A9939967-A270-44E7-895F-19854CB5A82F 16.C.1.e CoiL7er County Procurement Services Division Notice of Recommended Award Solicitation: 23-8168 Title: Collection and Recycling of Latex Paint Due Date and Time: November 7, 2023, at 3:00 PM EST Respondents: Company Name City County State Bid Amount Responsive/Responsible EnviroServe Inc. Sandy / Mulberry Salt Lake / Polk UT / FL $112,000.00 Y/Y Earth Paint Wood Dale DuPage IL $381,580.00 N/N Utilized Local Vendor Preference: Yes 0 No - Recommended Vendor(s) For Award: On September 22, 2023, the Procurement Services Division released notices of Invitation to Bid No. 23-8168, Collection and Recycling of Latex Paint, to four thousand two hundred sixty-three (4,263) vendors. Twenty-two (22) bid packages were viewed. The due date was extended for an additional two (2) weeks. Staff performed additional vendor outreach to promote competition and two (2) bids were received by the November 7, 2023, deadline. Staff reviewed the bids received. One bidder, EarthPaint, was deemed non -responsive for failing to provide all required bidding documentation. EnviroServe Inc. was deemed responsive and responsible. EnviroServe was contacted to resolve minor irregularities and to correct a bid calculation error. Staff recommends award to EnviroServe Inc., the lowest responsive and responsible bidder. Contract Driven = Purchase Order Driven 0 DocuSigned by: Project Manager: Procurement Strategist: 57216F473373478... Procurement Services Director: DocuSigned by: N"U4A Required Signatures 11/22/2023 Date Packet Pg. 397 16.C.1.f FIXED TERM SERVICE AGREEMENT # 23-8168 for Collection and Recvclina of Latex Paint THIS AGREEMENT, made and entered into on this day of 2024 by and between EnviroServe Inc. authorized to do business in the State of Florida, whose business address is 7640 Whipple Ave. NW, North Canton, OH 44720 (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 0 AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, N commencing ❑ e-pen tie-date-ef-Beard-a"F-eval; or X on February 25, 2024 and o terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Z Order(s) issued prior to the expiration of the Agreement period have been completed or m terminated. - The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of z the Agreement term then in effect. Q 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ® Purchase Order ❑ Ne#ee4e-Pfeeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ❑ f eWeet fer-- pesa]-(-F-F-) F Invitation to Bid (ITB) ❑ G#1 # 23-8168 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Terns Service Agreement, NO [2023_ver.2] Packet Pg. 398 16.C.1.f 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ JL-um.p-Surra--{F-+wed-P -isC-)irn+4*ed-4otaLpriGc-e#cFing-©r--a-projcet; t-he-r-iJk,,,--are 06 t-r-ar}G#errn f,�; +T,-R",G-oee e-tl�e-sentfwt-oF�-and; aG_ a-buciness-pr�stiee-thefe--afe-ne o heu-ryateria"nveicnt es-preseed; Fa e�--#-he-een#reeter-rnua"e-rfer-m-to-the N ri�-$r-- setiefaetien of - the -Sea-nay's-prejeet-r-x ,alter-befe♦--e-pair-nent-for-the4xed-priee-sentract 6 is-aathorized: ❑ T44re- -nd-M n"gFees the Ge...r et-ePaber =, ti-me-sper4-by the Gentra- is empleyees-a-nG- aGtef-, te-peFferrn-theAvefa�-(-Pmmber of-heur-i4aes-het ate�aa�er-rnatef iais-atd-eqb nt u��i„-i ,,e�Pr-ejeGH-ees"f o mateAal plus-t4e-een#-Fast$r� ,�u p1: T,";e ,;,ethedelor y4&-geRefat"eed4in-p-rAeGts-ie %4[eh-i#-i-net-pesei-ble-te-aeGH ately-ee-Mat-t,^,izc-e; t-he-prejeet; erwhen-it-is-�xpeetcd 2 that-the-prejec-t-regte+�et�tr�nrestd-meG#-t+l e+aeral-�raetiee ft ev eantraets i e6fka b--wp-de%fae tatieR I ; ' uld4n-e4ude-member c VA *el--and of -heurs -�itli g-rate--bp��j-�ppeesr�t�i n land n beentr, 4 } t lt�i're Nin��f-pa rei�_r$GE3rd� r }a eFi` l M @r in�le'ive�rrnde+"Ti7,— 'i-riit"7 ie deeufl4en#et+en41- the preJeet-. ❑■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2]�tja Packet Pg. 399 16.C.1.f 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4-5 ❑ (-ehee61(-g--a�Gable)-Travo4-and-RGmburr&able-Expe .-&Gs- gavel --and ReiF -IDU eW)e-approved4p ad ee-n-w � �+fRiiag-W-I�e-6 unt-y—T-r-avel e3Epeli�e�-o,-rurr-roc-rciii�Flsed-ate-poi"--c�efinv„—r-r=v .r. 1'tCi�iit7dr� le R . 1"11 -I 1 h ., ; +h" fetiewkvg- ates: Miilea'{,e,,,y $QG 4�4-5-peter-ni{e Bf&akfa-&t CPS7-: Q Lon& $4-:6G@ lei-Rr}er $4"G XFfare Aetaal-tidket-eeet-RFn ed4e4ou4 ef-eeaefa-e[a�r-e Rentat-eor- Ac4uai--r-eraW-ceeWOited-to-eempact-or-steedard-Ji-z-e vel�teles Ledgiflg Aeteal-ees-t-ef-tedg��le-ec-eupa rate -with -a ea-of-ae-aaere-thorn-$-'�50-98 -' lat P-afk6n AGWal-eest-e4aFMgg Taxi-er-Alr-pef+, t—L , % AeWat-eest-ef l#-,,efta-xi-e-r-�er-t-14nE)u sj% Heir-mbuF-sab[e-items-et e44aR4r-a-vel-ex-pe%ee-oha•1{-be- mited4e-the-#eNew+r}g-telephe-ne len , o4eeePying-c.haFges and postage. Re'F bu ,.ble Jtem--wfl"e-poftc Ser�t�aetor-l�ae-p e�ri ed-aN-r�seetpts--6e aetor-s#�a[I-be espe eia#edltti-aeti�r+tiee-and-se[+c-i#nt+eta u de at -to this AgFeeme„t. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Address: Authorized Agent: Attention Name & Title Telephone: E-Mail(s): EnviroServe Inc. 755 Prarie Industrial Pkwy Mulberry, FL 33860 Ryan Reid, VP Craig Burns, Account Manager (801) 944-6600 / (863) 327-6289 Craigburns@enviroserve.com Page 3 of 17 ti N Fixed Term Service Agreement Q [2023ver.2] Packet Pg. 40 16.C.1.f All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Division Director: Address: Solid and Hazardous Waste Division Kari Hodgson 3339 Tamiami Trail E Nables. Florida 34112 Administrative Agent/PM: Phil Snyderburn, Manager -Environmental Telephone: (239) 252-5081 E-Mail(s): Phil.Snyderburn@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non -County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 M N ti N Fixed Term Service Agreement Q [2023_ver.2] Packet Pg. 401 16.C.1.f the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A.❑ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. ❑- Business Auto Liability: Coverage shall have minimum limits of $ 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. 0 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. ID, ❑!ems#es i®tea#-L-i bili . - N be�aa�+eta+nod-by-t#e-Ou ster-to-e+�s re -its -leg 4 liaeUt of the er er-name&-"r-efes&ie++al-se eeui def-thiJ Acgr-eefnwives-its- Tuf-el Feee er -again GGeur�t a� tey-sla+r�a der thmi-,-ifsafanee. GHeh 'nsuFane orate m ts-el ne+tee f „$ eaah efa++-a$g•F-egate- ❑ ice' 'rageBatt-have-m"fflum i2mils-ef- I per- ela+� Page 5 of 17 M N Fixed Term Service Agreement Q [2023 ver.2] t Packet Pg. 402 16.C.1.f F- ❑ Gever-age shaII -a-ve-R--n -aite-o# Q per-c4aitfa- rshall—;-�iffi-4+ngmts of c ^er-elatrn/(Deee;;entie. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed a as the Certificate Holder and included as an "Additional Insured" on the Insurance x Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or J available for the benefit of, the Additional Insured and the Contractor's policy shall be 00 endorsed accordingly. o M N Current, valid insurance policies meeting the requirement herein identified shall be z° maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. m Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until 2 the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. 00 0 Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non -renewal or material change in 0 coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. 9 Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement [2023_ver.2] Packet Pg. 403 16.C.1.f 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Solid and Hazardous Waste Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with J the performance of services required hereunder. Contractor further represents that no 0 persons having any such interest shall be employed to perform those services. N 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following d component parts, all of which are as fully a part of the Agreement as if herein set out Z verbatim: Contractor's Proposal, Insurance Certificate(s), X Exhibit A Scope of Services, o0 Exhibit B Fee Schedule, ❑ RF--P/ ❑■ ITB/❑ Other ~ ##23-8168 including Exhibits, Attachments and Addenda/Addendum, ❑ eub-sequent Wetee, and 0 Other Exhibit/Attachment: Federal Contract Provisions and Assurances m 17. APPLICABILITY. Sections corresponding to any checked box (®) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. N N 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023 ver.2] _ Packet Pg. 404 16.C.1.f located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs06 3299 Tamiami Trail East, Suite 102 M Naples, FL 34112-5746 N Telephone: (239) 252-8999 Z Email: Pub IicRecordReg uest(j)-coIIiercountyfl.q_ov m The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement Q [2023_ver.2] t. Packet Pg. 405 16.C.1.f referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any a part of any approval for payment previously issued and the County may withhold any a payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's J opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party 00 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 N equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance d of the Contract Amount; (e) reasonable indication that the Work will not be completed Z within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or m (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary v of the Company and any business, corporation, partnership, limited liability company or 6 other entity in which the Company or Parent or a Subsidiary of the Company holds any Z ownership interest, directly or indirectly. 23. ❑M 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. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2023_ver.2] Packet Pg. 406 16.C.1.f 25. ❑ %1 AI RAN-TY-.-. Sent-rector-ex-preeeiy- mr-r-ants-t-hat-t-he-g eda,--4atefi-alo a-nd/or- equipmen#-ecvere"y-th+-,4feerneat wi-It-eonfer+-r+A-e-the-requirereents-roe-,peeified -and wmilkbe-ef-sa#&faeter-y-mater+al-and-gUotity-preduetien ffr-ee-frern-defeets,-and ,efficient-fo,C #he-perpose-ii-,t-ended—Geed--shah--be-dettvered-fr-c r-ern-a-n"eeurity4Fn-ar�st"er-ether Lien en-.0 m-br-anse-er-elai-m-of-a-ny-thi+d-party--Any-er-viee"r-evided-under-thisAgrect-cnt strati-be-pro��ided-ira aeeerdaaee-with-eneratty-accepted-pre#eseienat-standardeor-tt�e par-#+c-utar sere'ie -liese `vva-rr-anties-shall- ur-vive-inspeet+en,-aeeeptane& passage -of title a nd-peymient-by4he-Geurlty7 Gentracter-further-warrants-te-the-Geut�ty-tf�e#ell-meterats-and-equ+prrment-fur-niched-undo-r a #he-Gentraet-BeeuFAe nts-s-hall-be-app#+ed, m-&telled ee-n-netted ,exec -red ,used -e eaned X a-rid-eend4tierred-4i eeefdanc-- -;th-thn&-&f-4he-applicable-nianuf-acAur-er- 2 fa-brac-aln-the-6ont-ra-c-t J GeeUrne 1-, 4 withtn-er}e-( -)-yea after i-nat--%mptefien, airy Ww-k-is-feu-nd-te--be-defective-er-net-in M ee n fb Pm a f-v e e --YvA h -th e - - G e ntraet-©oc-urraervt-s Gontr-eeter-A, a-lt-eafreet-it--pr-om-ptly after N reee+pt-ef-writle+f-netiee-fr-e n-the-Geunty-Gentraetef shatf-arse-be-reapensi te-fer<and-pay z° for-reptaeemei�epai r-e#-adjac-ent-ma-ter-ials-er-Wefk-wh+eh-may-be-deniaged-as-a-rcJu#t of-sucah--rrr-e*eement repatr T-he-se--warranties- e-in-add err-te-these-ir,Yrplied m war-r-a nties,te-w4iweh-ttae-Ge a nty4s-err#+#fed-ass-matter-ef-law- 26. ❑ TE--."'.-r".4�,1�E6�10�1��Ttkrc�Gontae#-Boeurr}ente-er-an?,,�-ecdes is r�s; o erd-ina-nGee r-ufes-er-reguaet+ene-ef-a-ny-pull+e-aather- ty-havr ng4uFisdtstierr-overthe-Rr-oteot o requ+res--aa e-Werl4 te-be-epe-c4 iealt-y-iraspee#ed, I.ested---er--- a-ppfoved, Gent-Fat-ter-shah-aesi fall-respe nrsi-bi"efefere Ipay-at"eets4n-eenneet+en-therewith aad-fur ' the-requireh-eert+fi^motes-o; inepeet+err testing er-ap-pfevet-ill itlspec4ens, teste-ef-a-pprevets-eha+l-be-perfen:f�- i -nd-by-ergan+z-at+ens ti asee{ata�le-te-the-Goe�rty- N 27. ❑M 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 the County or County'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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Agreement [2023 ver.2] Packet Pg. 407 16.C.1.f 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the c progress of the Work to increase or decrease the Work. Promptly after being notified of a a change, Contractor shall submit an estimate of any cost or time increases or savings it o foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except = upon modification of the Purchase Order by the County, and the County shall not be liable a to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or N otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall Z remain in effect. m 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this =- Agreement in compliance with the Procurement Ordinance, as amended, and m Procurement Procedures. o 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision -making authority and by County's staff ti person who would make the presentation of any settlement reached during negotiations N 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 z to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator aD 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 co make the presentation of any settlement reached at mediation to County's board for I= approval. Should either party fail to submit to mediation as required hereunder, the other w party may obtain a court order requiring mediation under section 44.102, Fla. Stat. _i 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ K-E-Y-RE-lSOlN€L—T e- Gn#aeter-,peFS R-Relm-FF gar t-te-be-aut4ze-d-fer- t4i-is-projeet-shaf4-b&A,�ne-4edgeable-4n4heifa &-e€-exper-peri6e TT-h,--Setfig.tly serves� e r4g4tte-per-feF-m-ieveetigatien-s-a&—may-be-deer-wed-rye-ee6sar-y-te�re-that-eem,pete-r_t p fser , �,v�F4-be utelea;mt„"erfermafl-ee-e he-Agfeem*ent-T,4e-GeaRtmete-r-s llkasslgn Page 11 of 17 Fixed Term Service Agreement [2023 ver.2] Packet Pg. 408 16.C.1.f as+T+a p ete4he-&er r-iees-en-a4 Fnely-ba6i�, d-Duel-pefoom aee geed-#all-be-a-va-ilalale-for-an--aniet+nt-ef4kne-adequate4e-meet4hc-r-eq-uifed-sefv+ee dates e-Gent aatc-shall-r+at-ehenge-44e-y-RefsenneWnleee4he-foIII owing-eondi- ien -are metH4+-P-+epeaed-r-c,plaeenaents-have-aubE#on#lolly-t-hc�an+e-er-better-qualif+c- -ions and/er-e*pe-rien�-tbEt-t-lao-GeaRty4-net+fied-4n-wr+tar+g-a6-faf-advanEe-a-,peaabIe- T-he-Gen#faGter-shell-make-een:�mer-eially-r-easenadle-e#fe te-t+eti€y-CeIl4er-Sets#y-within e GQuRty Fe it l-apprsvakef-pFegese44eploeement per' AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County cc reserves the right to perform investigations as may be deemed necessary to ensure that a competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, J and each person assigned shall be available for an amount of time adequate to meet 00 required services. o M N 35. ❑ QPt-D E-R GF--P-R€-GE-D BUG . I, he eve d of-anal-,e Gen#Faeet�+nents, the °s4- r-oposal, z a-nWef-4he-Goefltyle-BEaFd-a-ppr-e,ved-E*eetrt4vve-Surnma+y #e-Gentraet-0eEu ents-sl�a!! m tal%-pFeeedenee. ❑■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or o among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. Flk 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 12 of 17 Fixed Term Service Agreement.-\ [2023_ver.2f c.ko0 K_- Packet Pg. 409 16.C.1.f 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�colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If 00 there are additional fees for this process, the Contractor is responsible for all costs. M N 38. R 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 a 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 ti criteria apply as well as all Contractor rights, with one exception. Contractors do not have N 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 z shall be the only entity allowed to refuse access to the project. However, this decision Q shall only be made by Collier County's Risk Management Division Safety Manager and/or 4, Safety Engineer. co (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement , [2023_ver.2]iCAO) Packet Pg. 410 16.C.1.f IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: Crystal K, Kinzel, Clerk of the Circuit Court and Comptroller Dated: (SEAL) Contractor's Witnesses: C tralor s First Witness TTyp rinNvitne name! C n ractoi econd Witness q vab` ' L0 o;� I Type/print witness name I Approved jAs jo,++ and -Legality: ttorney nt Nam BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Chris Hall . Chairman EnviroServe Inc. Contractor 0 M N By: MA,.64"Azz—� SigV'Rx)(Y&Iend ure MLAAt CIF O IType/print signature and title I lNnc 14 of 17 L7 04 Nwd'1'cnn Service Agrecmen [2023_vcr,2�40 Packet Pg. 411 16.C.1.f Exhibit A Scope of Services ■❑ following this page (containing 3 pages) ❑ this exhibit is not applicable Page 15 of 17 0 M N Fixed Term Service Agreement [2023 ver.2]r` Packet Pg. 412 16.C.1.f Invitation to Bid (ITB) #23-8168 "Collection and Recycling of Latex Paint" EXHIBIT A SCOPE OF SERVICES The terms "Contractor" and "Vendor" may be used interchangeably throughout this Agreement. BACKGROUND The Solid and Hazardous Waste Division owns and operates six (6) recycling drop-off centers located throughout the County providing an outlet for the public to drop off recyclables and environmentally sensitive materials. FACILITY FACILITY ADDRESS FACILITY HOURS North Collier Recycling Drop-off Center 9950 Goodlette Frank Road Monday — Saturday CRC Naples, FL 34109 8:30 a.m. — 4:30 p.m. Naples Airport Recycling Drop-off Center 2640 Corporate Flight Drive Monday — Saturday NRC Naples, FL 34104 8:30 a.m. — 4:30 p.m. Marco Island Recycling Drop-off Center 9950 Goodlette Frank Road Monday — Saturday MRC Naples, FL 34109 8:30 a.m. — 4:30 p.m. Tim Nance Recycling Drop-off Center 825 39"' Ave. NE Monday — Saturday (TNRC) Naples, FL 34120 8:30 a.m. — 4:30 p.m. Household Hazardous Material Collection 3728 White Lake Boulevard Monday — Saturday Center HHW Naples, FL 34117 8:30 a.m. — 4:30 p.m. Immokalee Transfer Station 700 Stockage Road Monday — Saturday (ITS) Immokalee, FL 34142 8:30 a.m. — 4:30 p.m. Customers can drop off paint in various sized containers (i.e. one -gallon cans and five -gallon). Each facility stores the received paint in vendor -supplied transport bins or roll -off containers. The vendor replaces the storage container at each location once per week or as needed, with a fresh empty container. Should the County open another recycling drop-off facility, new facilities may be added. DETAILED SCOPE OF WORK 1. Storage Container 1.1. The Vendor shall provide each County recycling drop-off center with an empty roll -off container, having a minimum size of 20 yards capacity or capable of storing the quantity of paint dropped off by customers at each respective facility. 1.2. The roll -off container must be clean, leak -proof, and equipped with a retractable cover. 1.3. The County will consider proposed alternative methods of paint storage for consideration if submitted by the Vendor. The Vendor can only utilize alternative storage methods if the County agrees to the proposed storage method or container. 2. Pick-up and Transportation 2.1.The container(s) shall be removed from each respective facility upon request from the County or on a frequency schedule that is mutually agreed upon by the County and the Vendor. Page 1 of 3 Exhibit A — Scope of Services 0 a� d 06 0 m 0 c� a x m J 00 W M N 6 z m 'm 0 0 ti ti ti N Packet Pg. 413 16.C.1.f Invitation to Bid (ITB) #23-8168 "Collection and Recycling of Latex Paint" 0 2.2.The Vendor shall collect and remove (e.g. pick-up) the storage container from the requested facilities and ar transport to a County pre -approved recycling, treatment, or disposal facility. d W 2.3.The Vendor shall replace any container that is removed or picked -up with an empty container, that is the same 06 in -kind, with the same functionalities, in a location requested by the County, o 2.4. All transportation vehicles and Vendor personnel shall have and maintain the proper license, including but not W V c limited to USDOT ID#, registration, and training per local, state, and federal rules and regulations as they v apply to the services requested under this Agreement. _ a 3. Disposal, Treatment, or Recycling/Recovery Facilities m 3.1 Facilities used throughout the term of the Agreement for disposal, treatment, or recycling/recovery facilities, J shall hold active permits in accordance with State and Federal requirements and provide proof of c00o compliance. 4. Fee Schedule N 4.1. All -Inclusive Service Fee per Pound: The Vendor shall supply an all-inclusive service fee per pound of paint 6 Z picked up. This fee shall include all equipment (roll -off container), personnel, transportation, and any fees m relative to removal, disposal, treatment, or recycling/recovery of paint after the paint leaves a County facility, V including but not limited to, all travel -related expenses, and all documentation required or requested by the 2 County. The per pound unit of measure on Exhibit B Fee Schedule ("Fee Schedule") shall not include the weight of the roll -off container or any items other than paint, paint cans, and paint buckets (i.e. the net weight a = of the paint and individual paint containers alone). o 4.2. Urgent Trip Fee: The County must approve an urgent trip fee in writing. This fee shall be per County c requested urgent pickup. 4.3. No Additional Charges: The Vendor's invoice shall reflect only the all-inclusive service rate per pound ti N multiplied by the number of pounds picked up and, if applicable, any County approved urgent trip fees. No other additional charges shall be accepted. z 5. Response Time The County reserves the right to utilize vendors outside this Agreement if determined to be in the best interest of the County. 5.1. As Needed Request/Services: 5.1.1. The Vendor shall arrive at the County collection site within three (3) days of the County calling or emailing the Vendor for pickup of the paint. 5.1.2. The County and the Vendor may agree on a scheduled collection frequency. Both shall confirm the schedule via email. 5.2. Urgentquest/Services 5.2.1. Urgent requests shall be determined by the County, e.g, following declaration of a hurricane warning Page 2 of 3 Exhibit A — Scope of Services L, Packet Pg. 414 16.C.1.f Invitation to Bid (ITB) #23-8168 "Collection and Recycling of Latex Paint" 5.2.2. The Vendor shall arrive at the County collection site within six (6) hours of the County calling or emailing the Vendor with an urgent request to pick up paint. For each urgent pickup, the Vendor may charge an Urgent Trip Fee as listed on the Fee Schedule. 6. Documentation 6.1. A copy of the signed manifest shall be provided to the County facility that is having service(s) provided. An original copy of the Certificate of Disposal, Treatment, or Recovery/Recycling shall be attached to the invoice submitted for payment. The Certificate should detail the location & quantities of the latex paint's final disposal, treatment, or recycling/recovery. 6.2. Failure to provide the proper documentation may delay the Vendor's payment. Page 3 of 3 Exhibit A — Scope of Services 0 a� d 06 0 m 0 c� a x m J CO W M N Packet Pg. 5 16.C.1.f Exhibit B Fee Schedule following this page (containing 1 pages) Page 16 of 17 0 M N Fixed Term Service Agreement [2023ver.2] Packet Pg. 6 16.C.1.f Levitation to Bid (ITB) #23-8168 "Collection and Recycling of Latex Paint" EXHIBIT B FEE SCHEDULE Line -Item Number Description Unit Unit Price 1 All-inclusive Service Rate per Pound Pound (Lb) $ 0.20 2 Urgent Trip Fee Each $1,200.00 Price shall remain firm for the initial term of the Agreement. Page 1 of I Exhibit B — Fee Schedule Packet Pg. 417 16.C.1.f Description: Other Exhibit/Attachment Federal Contract Provisions and Assurances ❑® following this page (containing 11 pages) ❑ this exhibit is not applicable 0 M N Page 17 of 17 Fixed Tenn Service Agreemet e p', [2023 ver.2&" Packet Pg. 418 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 ;ollier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract / Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub -Recipient (County) agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally -Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law, Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. 0 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I - 1 10/11/2023 7:22 AM p. 34 Packet Pg. 419 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 ;ollier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, docurnents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non - Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not 0 co w M N subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to E any matter resulting from the contract. EXHIBIT I - 2 Q 10/11/2023 7:22 AM p. 35 Packet Pg. 420 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 ;oilier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause — (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing — (i). A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) +; Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial E and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer �a EXHIBIT I - 3 Q 10/11/2023 7:22 AM P. 36 Packet Pg. 421 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 ;ollierCounty Solicitati16.C.1.f EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt, 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA -designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www,epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act, Termination for Cause and Convenience (over $10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I - 4 10/11/2023 7:22 AM 37 Packet Pg. 422 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 16.C.1.f .;oilier County Solicitati O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES c Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000 See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work a which may require or involve the employment of laborers or mechanics shall require or permit any such X laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less J than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such 00 workweek. w (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause N set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be o liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United Z States (in the case of work done under contract for the District of Columbia or a territory, to such District or o0 to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set -- forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was 2 required or permitted to work in excess of the standard workweek of forty hours without payment of the m O overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages, The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause > to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of N such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section, 6 (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I - 5 10/11/2023 T22 AM p. 38 Packet Pg. 423 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 16.C.1.f .;oilier County Solicitati O EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES c Clean Air Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 2, The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all S applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as a amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and x m understands and agrees that the County will, in turn, report each violation as required to assure notification a to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency J Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding 00 $150,000 financed in whole or in part with Federal assistance provided by FEMA. t° w Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this N contract, all claims, counter -claims, disputes and other matters in question between the local o government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided Z by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. op H CONSTRUCTION ACTIVITIES -- Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 2 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R, § 60-1.3 0 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: v (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action N shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; 6 z rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. co O L (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the c contractor, state that all qualified applicants will receive consideration for employment without regard to w race, color, religion, sex, sexual orientation, gender identity, or national origin. -aI (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of Stich other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I - 6 10/11/2023 7:22 AM D. 3 Packet Pg. 424 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 16.C.1.f .;oilier County Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September o 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will v permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. a (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with x m any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in J whole or in part an the contractor may be declared ineligible for further Government contracts or federally 00 assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of t° September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in 00 Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or N as otherwise provided by law. o (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding ti ti ti Copeland Anti -Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I - 7 10/11/2023 7:22 AM p. 40 Packet Pg. 425 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 jollier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed Subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name EnviroServe Inc. Date 11/14/2023 DocuSigned by: Authorized Signature EXHIBIT I - 8 10/11/2023 7:22 AM Lit 41 Packet Pg. 426 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 ;ollier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub -recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub -recipient's subcontractor is unable to certify to the above statement, the prospective contract shall attach an explanation to this form. CONTRACTOR Enviroserve Inc. By: FZDocuSigned by: -Lt, A4tbnJ - Mike McBride, C00 Name and Title 9815 S. Monroe Street, Suite 300 Street Address Sandy, Utah 84070 City, State, Zip UEI Unique Entity Identifier (for SAM.gov verification) 11/14/2023 Date Sub -Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I - 9 10/11/2023 7:22 AM 42 Packet Pg. 427 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 oilier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED, MINORITY, WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. Um: erifable statuses will require the PRMEto either preivde a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FUD NUMBER CONTRACT DOLLAR ANIOUNT EnviroServe Inc. 34-1639526 15 THE PRMIE A FLORIDA-CERTIFIED DISADYANTAGED, VETERAN Y N i5 THE ACTIVITY OF THIS CONTRACT... MINOR ITYORWOVEN8US] NESSENTER.PRISE? DBE? 1 14 CONSTRUCTION? Y 1J {DBE,'?AI3f V15E) OR HAVE A SMALL DISADVANTAGED SUSINESSSACERTIFICATION FROM.THESLLALLBUSINESS VIBE? Y W CONSULTATION? V A ADMINISTRATION? ASERVICE DISABLEDVETERArI? WBE? Y FI OTHER? OY N SDB SA? 'P N Is THISSUBMISS'OPtAREVISION? 't' 1d I,FYES,REVSIONNUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY, WOMEN -OWNED, SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN, PRIME IS TO COMPLETE THIS NEXT SECTION DBE M/WBE I SUBCONTRACTOR OR SUPPLIER I TYPE OF WORK OR I ETHNICITY CODE I SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY (See BeIDW) DOLLAR AMOUNT I DOLLARS TOTAL: C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE TITLE OF SUBMI-TER Craig Burns 11/14/2023 Account Manager ENIAILADDRES5 OF PRIME [SUBMFFTER) TELEPHONE NUMBER FAX NUMBER �I craigburns@enviroserve.com 1 (863) 327-6289 1 1 NOTE: This information is used to track and report anticipated DBE or MBE participation in federall-y-Funded contracts- The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form mast be submitted at time of response to a solicitation. of and when awarded a County contract, the prime'%vill be asked to update the information for the grant compliance files. ETHNICITY CODE BlackAmerican BA Hispanic American HA NativeAmerican NA Subcont. Asian American SAA Asian -Pacific American APA Non -Minority Women Nt.T,V' other: not of any other grasp listed o I D. SECTION TO BE COMPLETED BY COLLIER COUNTY DEPA RTMENT NAME I COLLIERCDtITRACT911FB/RFPorPO/PEQS I GRANT PROGRAM/CONTRACT ACCEPTED BY: I DATE I EXHIBIT I - 10 10/11/2023 7:22 AM /,eCp1 .43 Packet Pg. 428 DocuSign Envelope ID: A261973C-05AF-4D2E-A361-ED5B1C9066E7 ;oilier County 16.C.1.f Solicitati EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned (Contractor] certifies, to the best of his or her knowledge, that: v 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer a or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal X contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 00 co 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing M or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of c� Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or o cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Z Report Lobbying," in accordance with its instructions, o0 H 3. The undersigned shall require that the language of this certification be included in the award documents for all -- subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative 2 agreements) and that all subrecipients shall certify and disclose accordingly. 00 0 This certification is a material representation of fact upon which reliance was placed when this transaction was o made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, ti ti The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and N disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. 6 z Q EnviroServe Inc. Contractor (Firm Name) Docu Signed by: W n, • � lll�t ►��(� I Slgna ure o ontractor's Authorized Official c a� Mike McBride, Coo `0 Name and Title of Contractor's Authorized Official 11/14/2023 Date EXHIBIT I - 11 10/11/2023 7:22 AM 44 Packet Pg. 429 Collier County Solicitation 23-8168 Co ie-r County Procurement Services Division Vendor Check List IMPORTANT: Please review carefully and submit with your Proposal/Bid. All applicable documents shall be submitted electronically through BidSync. Vendor should checkoff each of the following items. Failure to provide the applicable documents may deem you non-responsive/non-responsible. E3 General Bid Instructions has been acknowledged and accepted. [� Collier County Purchase Order Terms and Conditions have been acknowledged and accepted. [ Form 1: Vendor Declaration Statement © Form 2: Conflict of Interest Certification ® Proof of status from Division of Corporations - Florida Department of State (If work performed in the State) - http://dos.myflorida.com/sunbiz/ should be attached with your submittal. ❑x Vendor MUST be enrolled in the E-Verify - https://www.e-verify.pov/ at the time of submission of the proposal/bid. F1 Form 3: Immigration Affidavit Certification MUST be signed and attached with your submittal. II E-Verify Memorandum of Understanding or Company Profile page should be attached with your submittal. M Form 4: Reference Questionnaire form must be utilized for each requested reference and included with your submittal, if applicable to the solicitation. F Form 5: Grant Provisions and Assurances package in its entirety, if applicable, are executed and should be included with your submittal. ® Vendor W-9 Form. © Vendor acknowledges Insurance Requirements and is prepared to produce the required insurance certificate(s) within five (5) days of the County's issuance of a Notice of Recommend Award. © The Bid Schedule has been completed and attached with your submittal, applicable to bids. Copies of all requested licenses and/or certifications to complete the requirements of the project. © All addenda have been signed and attached. [J County's IT Technical Architecture Requirements has been acknowledged and accepted, if applicable. © Any and all supplemental requirements and terms has been acknowledged and accepted, if applicable. 10/11/2023 7:22 AM p. 26 Collier County Solicitation 23-8188 collier County Procurement Services Division Form 1: Vendor I)edaration Statement BOARD OP COUNTY COMIvtISSIONERS Collier County Government Complex Naples, Florida 34112 Dear Commissioners: The undersigned, as Vendor declares that this response is made without connection or arrangement with any other person and this proposal is in every respect fair and nude in good faith, without collusion or fraud The Vendor hereby declares the instructions, purchase order terns and conditions, requirements. and spociticationdsoope of work of this solicitation have been fully examined and Accepted The Vendor agrees, if this solicitation submittal is accepted by Collier County, to accept a Purchase Order as a Corm of a forma] contract or to execute a Collier County formal contract for purposes of establishing a contractual relationship between the Vendor and Collier County, for the performance of all requirements to which this solicitation pertains. The Vendor states that the submitted is based upon the documents listed by the above referenced solicitation. The Vendor agrees to comply with the requirements in accordance with the terms, conditions and specifications denoted herein and according to the pricing submitted as a part of the Vendor's bids. Furtheq the Vendor agrees that if awarded a contract for these goods and/or services, the Vendor will not be cEgrblc to compete, submit a proposal, be awarded, or perform as as -ven or for any flrture associated work that is a teaWt of this awarded contract. /� �{h /� .�y�b/ WITNESS WHEREOF, WE have hereunto subscribed our names on this L`f' lJC � day of VV , 20Din the County of It LC VU , in the State of VtQh /��, �n '^ Firm's Legal Name: ny I rU Ee Y V e I f I lJ Address: City, State, Zip Code: Florida Certificate of Authority Document Number Federal Tax Identification Number *CCR N or CAGE Code *Only if Chant Funded Telephone: Email: Signature by: (Typed and written) Title: 10/11l2023 7:22 AM P• 27 Send payments to: (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: Office servicing Collier County to place orders (required if different from above) Contact name: Title: Address: City, State, ZIP Telephone: Email: CrGi Collier County Additional Contact Tarr mtl„n 9o9cNaHoh 2"168 10111/2023 7:22 AM p, 26 Collier County Sollcitaron 23.8168 Colter County . -�- Procurement Services Division Form 2: CooWct of Interest Certification Affidavit The Vendor certifies that, to the best of its knowledge and belief, the past and current work on any Collier County project affiliated with this solicitation does not pose an organizational conflict as described by one of the three categories belotr. Biased ground rules — The turn has not set the "ground rules" for affiliated past or current Collier County project identified above (e.g., writing a procurement's statement of work, specifications, or performing systems engineering and technical direction for the procurement) which appears to skew the competition in favor of my firm Impaired objectivity—Tbe firm has not performed work on an affiliated past or current Collier County project identified above to evaluate proposals / past performance of itself or a competitor, which calls into question the contractor's ability to render impartial advice to the government. Unequal access to Information —The firm has not had access to nonpublic information as part of its performance of a Collier County project identified above which may have provided the contractor (or an affiliate) with an unfair competitive advantage in current or future solicitations and contracts. In dition to this signed affidavit, the contractor /vendor must provide the Following: All documents produced as a result of the work completed in the past or currently being worked on for the above -mentioned project; and, 2. Indicate if the information produced was obtained as a matter of public record (in the "sunshine') or through non-public (not in the "sunshine') conversation (s), meeting(s), document(s) and/or other means. Failure to disclose all material or having an organizational conflict in one or more of the three categories above be identifiedmay result in the disqualification for future solicitations affiliated with the above referenced project(s). , By the signature below, the firm (employees, officers and/or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the project identified above has been fully disclosed and does not pose an organizational conflict. ' Print Name and Title State of JTPf H County of1:8UT l,PcVGe The foregoing instrument was acknowledged before me by means of hysical presence or ❑ online notarization, Us day of _�G�'p (month), 2'�r(year), by {Zpl (nine ofyeTn acknowledging). l)/ll/,1 Kll C, t�Li(bC/V1 (Print, T}ye, or Stamp Commissioned Name ofNotary Public) Personally Known OR Produced Identification Typo of Identification Produced "s'•ry _ SHELBIE LARSEN �� Punk ,� sate of inch 10/11/2023 7:22 AM My Canmission Erpres 02701202fi rsr Commussbn Number 722870 p. 29 Collier County Solicitation 23-8168 Cory r County Procurement Services Division Form 3: Imndgration Affidavit Certification This Aiiidavit is requ red and should be signed, by an authorized principal of the firm and submitted void, formal solicitation submittals. Further, Vendors are required to be enrolled in the E-Verify program (hugs //wmi% e-verify Win, at the time of the submission of the Vendor's proposal/bid, Acceptable evidence of your enrollment 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 which will be produced at the time of the submission of the Vendor's proposal/bid or within five (5) day of the Counly's Notice ofRecommend Award. Collier County will not intentionally award County contracts to any Vendor who knowingly empioys unauthorized alien unrkers, 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 CIMN ). Collier Couuty may consider the employment by any Venda 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 Imlrugralion Act and subsequent Amendment(s), that it is aware of and in compliance with the requirements set forth in Florida Statutes §448.095, 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 proposat/bid, C p yName Signature QA L/P Print Name and Title State of �� Countyof K6 The foregoing instrlanent was acknowledged bef Personally Mown OR Produced Identification Type of Identification Produced presence or � online �tarizsti n, � Z�f day of p�er�s n acknowledgingk 10/11/2023 7:22 AM p. 30 11/7/23, 12:18 PM Detail by Entity Name DIVISION OF CORPORATIONS arg wi oj)7rkd Slale r f-FlurJ- r websire Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation ENVIROSERVE INC. Filing Information Document Number F20000000947 FEI/EIN Number 34-1639526 Date Filed 02/20/2020 State OH Status ACTIVE Principal Address 7640 Whipple Ave. NW North Canton, OH 44720 Changed: 04/22/2021 Mailing Address 7640 Whipple Ave. NW North Canton, OH 44720 Changed: 04/22/2021 Registered Agent Name & Address CT CORPORATION SYSTEM 1200 S PINE ISLAND RD PLANTATION, FL 33324 Name Changed: 07/07/2023 Address Changed: 07/07/2023 Officer/Director Detail Name & Address Title COO, Director McBride, Mike 7640 Whipple Ave. NW North Canton, OH 44720 Title Director, President, CEO search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ENVIROSERVE ... 1/2 11/7/23, 12:18 PM Detail by Entity Name Florida Department of State, Division of Corporations search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ENVIROSERVE ... 2/2 E-Verify- Company ID Number: 11557 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the EnviroServe Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. 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). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following 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: a. Notice of E-Verify Participation b. Notice of Right to Work 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 about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E- Verify access. Employers must promptly terminate an employee's E-Verify access if the employee is separated from the company or no longer needs access to E-Verify. Page 1 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. 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. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete 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 Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. 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. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a 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. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti- discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer 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) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in Page 2 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be 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. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. 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(1)) 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 mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, 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, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until Page 3 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 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 mismatch 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 (customer service) or 1-888-897-7781 (worker hotline). 14. 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, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. 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 immigration -related unfair 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). 15. The Employer agrees that it will use the information it receives from E-Verify 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. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888- 464-4218 or via email at E-Verify(d_)dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information 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)). 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, 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 prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other Page 4 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin 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 three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor 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 three business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to Page 5 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 the contract, whichever is later. c. Federal contractors 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 under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors 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 those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of 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 after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not 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 based on this Article. 3. The Employer understands that if it is a Federal contractor, 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 Page 6 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed 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). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. 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 provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination Page 7 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, 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 INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides 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. 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 E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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 Page 8 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. 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. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS Page 9 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 A. NO SERVICE FEES 1. 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 MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time 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 E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. 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 Page 10 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. 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. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. 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 regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that 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). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888- 464-4218. Approved by: E-Verify Employer Name (Please Type or Print) Title Ryan Reid Vice President 11 /07/2023 ignature Date Page 11 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 Department of Homeland Security — Verification Division Name (Please Type or Print) Title Signature Date Information Required for E-Verify Information relating to your Company: Company Name: EnviroServe Inc. Company Facility 9815 S. Monroe Street, Suite 300 Address: Sandy, UT 84092 Company Alternate Address: County or Parish: Salt Lake Employer Identification 341639526 Number: North American Industry Classification Systems Code: 562 Parent Company: One Rock Capital Partners LLP Number of Employees: Approximately 650 Number of Sites Verified 37 of 37 or: Page 12 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 Are you verifying for more than one site? If yes, please provide the number of sites verified for in each State: State Number of Site(s) FL sites 1 Mulberry, FL Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Kathy McCarthy Telephone Number: 801-944-6619 Fax Number: E-mail Address: kathymccarthy@enviroserve.com Name: Telephone Number: Fax Number: E-mail Address: Page 13 of 13 E-Verify MOU for Employers I Revision Date 06/01/13 Collier County Co ie-r County Procurement Services Division Form 4 Reference Questionnaire (USE ONE FORM FOR EACH REQUIRED REFERENCE) Solicitation: 23-8168 Reference Questionnaire for: Enviroserve Inc submittinq bid for Collection & (Name of Company Requesting Reference Information) (Name of Individuals Requesting Reference Information) Name: (Evaluator completing reference questionnaire) Email: FAX: of Latex Paint Company: (Evaluator's Company completing reference) Solicitation 23-8168 Collier County has implemented a process that collects reference information on firms and their key personnel to be used in the selection of firms to perform this project. The Name of the Company listed in the Subject above has listed you as a client for which they have previously performed work. Please complete the survey. Please rate each criteria to the best of your knowledge on a scale of 1 to 10, with 10 representing that you were very satisifed (and would hire the firm/individual again) and 1 representing that you were very unsatisfied (and would never hire the firm/indivdival again). If you do not have sufficient knowledge of past performance in a particular area, leave it blank and the item or form will be scored "0." Project Description: Project Budget: Completion Date: Project Number of Days: Item Criteria Score (must be completed) 1 Ability to manage the project costs (minimize change orders to scope). 2 Ability to maintain project schedule (complete on -time or early). 3 Quality of work. 4 Quality of consultative advice provided on the project. 5 Professionalism and ability to manage personnel. 6 Project administration (completed documents, final invoice, final product turnover; invoices; manuals or going forward documentation, etc.) 7 Ability to verbally communicate and document information clearly and succinctly. 8 Abiltity to manage risks and unexpected project circumstances. 9 Ability to follow contract documents, policies, procedures, rules, regulations, etc. 10 Overall comfort level with hiring the company in the future (customer satisfaction). TOTAL SCORE OF ALL ITEMS 10/11/2023 7:22 AM p. 31 Form (Rev. October 2018) Department of the Treasury Internal Revenue Service y L � O L c a� .v m a m a� 07 Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. EnviroServe Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ElIndividual/sole proprietor or 0C Corporation El Corporation El Partnership ElTrust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. LJ Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See instructions. 901 West Legacy Center Wa 6 City, state, and ZIP code Midvale, UT 84047 7 List account numbers) here (optional) Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) 5 Exemption from FATCA reporting code if any) (Applies to accounts maintained outside the U.S.) Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other — — entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 34 — 1 6 3 9 1 5 2 6 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. A)2� 2 )k Sign Signature of Here U.S. person ► General lnstru Ion Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) ► /07, Date 2'/ I 7i • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-10 rd ISC (various types of income, prizes, awas, a gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231 X Form W-9 (Rev. 10-2018) ,a�oRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AOn rusk Services Central, Inc. St. Louis MO Office CONTACT NAME: PHONE (A/C. No. E.t): (866) 283-7122 (A/c. No.): (800) 363-0105 E-MAIL ADDRESS: 4220 Duncan Avenue Suite 401 St Louis MO 63110 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA: Zurich American Ins CO 16535 EnviroServe, Inc. 901 LEGACY WAY MID MIDVALE UT 84047 USA INSURERB: American Zurich Ins Co 40142 INSURER Lloyd's syndicate No. 1458 AA1120102 INSURERD: American Guarantee & Liability Ins Co 26247 INSURER E: Ascot Specialty Insurance Company 45055 INSURER F: COVERAGES CERTIFICATE NUMBER: 570097887496 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER EFF (POLICYMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY ENVP000038623 01/19/2023 01/19/2024 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $300 r 000 MED EXP (Any one person) $ 2 5 , 000 PERSONAL &ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ❑ PRO ❑ LOG JECT PRODUCTS - COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY BAP 8198447 00 01/19/2023 01/19/2024 COMBINED SINGLE LIMIT (Ea accident) $ 5 , 000 , 000 BODILY INJURY ( Per person) X ANY AUTO BODILY INJURY (Per accident) OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY (Per—i ent) GE (Per accident) D UMBRELLA LIAB X OCCUR SXS434550800 01/19/2023 01/19/2024 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 X DED I RETENTION B A WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY Y/N ANY EXECUTIVE FFICERARTNER/ ❑ EXECUTIVE OFFICER/MEMBER Y (Mandatory in NH) N / A WC819844500 WC819844600 01/19/2023 01/19/2023 01/19/2024 01/19/2024 PER STATUTE OTH- X ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 yes, describe under D DESCRIPTION ow OPERATIONS bel E.L. DISEASE -POLICY LIMIT $1,000,000 E Environmental Site Liability ENPR231000093001 01/19/2023 01/19/2024 Aggregate Limit $15,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER 4L �3 ti - -spa _ssties 3� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Enviro5erve, Inc. AUTHORIZED REPRESENTATIVE fr=� 901 Legacy Way Midvale UT 84047 USA ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CANCELLATION AGENCY CUSTOMER ID: 570000093680 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of AGENCY Aon Risk Services Central, Inc. NAMED INSURED EnviroServe, Inc. POLICY NUMBER See Certificate Numbe 570097887496 CARRIER see Certificate Numbe 570097887496 I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabilitv Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFFECTIVE DATE POLICY EXPIRATION DATE (MM/DD/YYYY) LIMITS GENERAL LIABILITY C ENVP000038623 01/19/2023 01/19/2024 Contractors Pollutio $1,000,000 Deductible $50,000 EXCESS LIABILITY C ENVX000038023 01/19/2023 01/19/2024 Aggregate $10,000,000 Each Occurrence $10,000,000 ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Collier County Solicitation 23-8168 23-8168 Collection and Recycling of Latex Paint Bid Schedule *Quantities are for evaluation purposes only. Line Item Number Description Unit Estimated Annual Quantity* Unit Price Total E: 1 All-inclusive Service Rate per Pound Pound (Lb) 500,000 $.20/lbs $ 80,000 Description Unit Estimated Annual Quantity* Unit Price Total E3 2 Urgent Trip Fee Each 10 $1,200/each $ 12,000 Total Bid $ 92,0( IC Page 1 of 2 10111 /2023 7:22 AM p. 24 Collier County Solicitation 23-8168 xtended Price Mended Price Page 2 of 2 10111 /2023 7:22 AM p. 25 June 16, 2022 FLORIDA DEPARTMENT OF Environmental Protection Southwest District Office 13051 North Telecom Parkway#101 Temple Terrace, Florida 33637-0926 NOTICE OF PERMIT MODIFICATION By -Email mikemcbride(cr�,savageservices. com In the Matter of an Application for Permit by: EnviroServe Inc. 755 Prairie Industrial Pkwy Mulberry, Florida 33860 Polk County WACS # 51555 EnviroServe Mulberry Ron DeSantis Governor Jeanette Nunez Lt. Governor Shawn Hamilton Secretary Attention: Mr. Mike McBride DEP File No: 38627-012-SO/TO Pursuant to Sections 403.061(14) and 403.707, Florida Statutes, the Department hereby issues modification number 38627-012-SO/TO. The following conditions of permit number 38627-011- SO/30 are modified as follows: SPECIFIC FROM TO TYPE OF MODIFICATION CONDITIONS Cover Page & Header Existing Amended Updated to reflect new permittee and facility name; references Permit Modification No. 38627- 012-SO/TO. A.2.b - New Additional permitting documents referenced. C.4.c(7) & C.5.b(1) Existing Amended Updated to reflect new facility name Attached is Permit Number 38627-011-SO/30 as modified by this Order. The attached permit replaces all previous permits and permit modifications for this facility. A person whose substantial interests are affected by this modification of permit may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 or via electronic correspondence at Agency Clerk(d),dep.state.fl.us. Petitions by the applicant or any of the parties listed below must be filed within fourteen days of receipt of this written notice. Petitions filed by other persons must be filed within fourteen days PERMITTEE: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT #: 38627-012-SO/TO WACS Facility ID: 51555 of publication of the notice or receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who 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, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another parry) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28- 106.205, F.A.C. 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 applicant's name and address, the Department File Number and the county in which the project is proposed; (b.) A statement of how and when each petitioner received notice of the Department's action or proposed action; (c.) A statement of how each petitioner's substantial interests are or will be affected by the Department's action or proposed action; (d.) A statement of all material facts disputed by petitioner or a statement that there are no disputed facts; (e.) A statement of the ultimate facts alleged, including a statement of the specific facts which the petitioner contends warrant reversal or modification of the Department's action or proposed action; (f.) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the Department's action or proposed action; and (g.) A statement of the relief sought by the petitioner, stating precisely the action the petitioner wants the Department to take with respect to the Department's action or proposed action. 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, F.A.C. 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. In accordance with Section 120.573, F.S., the Department advises that mediation is not available in this case under the provisions of that statute. This does not prevent any interested parties from agreeing to other forms of alternate dispute resolution. Any party to this order has the right to seek judicial review of it under Section 120.68, F.S., by filing a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with the clerk of the Department in the Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, or via electronic correspondence at PERMITTEE: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT #: 38627-012-SO/TO WACS Facility ID: 51555 Agency Clerk&dep. state. fl.us 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 thirty days after this order is filed with the clerk of the Department. PERMITTEE: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry Executed in Hillsborough County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION "rvA (� Shannon Herbon Program Administrator Permitting and Waste Cleanup Program Southwest District Office FILING AND ACKNOWLEDGEMENT PERMIT #: 38627-012-SO/TO WACS Facility ID: 51555 FILED, on this date, pursuant to Section 120.52, F.S. with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk CERTIFICATE OF SERVICE June 16, 2022 Date The undersigned duly designated deputy clerk hereby certifies that this NOTICE OF PERMIT MODIFICATION and all copies were sent before the close of business on June 16, 2022 to the listed persons. /X/1W CO— gr Clerk Enclosure: Modified Permit No. 38627-011-SO/30 Copies furnished to: Elizabeth Clark, Clark Environmental, Inc., bclark(cr�,clarkenv.com Ryan Reid, EnviroServe Inc., RyanReid(genviroserve.com Melissa Madden, DEP SWD Permitting, Melissa.Madden(c�r�,FloridaDEP. og_v Financial.Assurance.Working Groupa,FloridaDEP.gov Emily Wargo, DEP SWD Permitting, Emily.WargokFloridaDEP.gov SWD_ Waste(a,FloridaDEP.gov FLORIDA DEPARTMENT OF Environmental Protection PERMITTEE EnviroServe Inc. Mr. Mike McBride, SVP 755 Prairie Industrial Pkwy Mulberry, Florida 33860 Southwest District Office 13051 North Telecom Parkway#101 Temple Terrace, Florida 33637-0926 PERMIT/CERTIFICATION WACS ID No: SWD/53/51555 Ron DeSantis Governor Jeanette Nunez Lt. Governor Shawn Hamilton Secretary Permit No: 38627-011-SO/30 Date of Issue: March 10, 2021 Expiration Date: March 10, 2026 County: Polk Lat/Long: 27' 54' 10.6"N 81° 59' 35.8"W Sec/Town/Rge: 3/30S/23E Project: EnviroServe Mulberry This permit is issued under the provisions of Chapter 403, Florida Statutes, and Florida Administrative Code Rule(s) 62-4, 62-302, 62-550, 62-701, 62-713, 62-710, and 62-780. The above -named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawing(s), plans and other documents, attached hereto or referenced in Specific Condition (Spec. Cond.) A.2. and made a part hereof and specifically described as follows: To construct, operate and close a materials processing facility, referred to as the EnviroServe Mulberry, for the processing, consolidation and bulking of non -hazardous solid waste materials, subject to the specific and general conditions attached, located at 755 Prairie Industrial Parkway, Mulberry, Polk County, Florida. The specific conditions attached are for construction modifications to and continued operation of: 1. Materials Processing Facility Replaces Permit Number: 38627-008-SO/30 (and any related modifications). Includes Permit Modification: 38627-012-SO/TO, issued June 16, 2022. PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry GENERAL CONDITIONS: PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 1. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are "permit conditions" and are binding and enforceable pursuant to Sections 403.141, 403.161, 403.727, or 403.861, Florida Statutes. The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions. 2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department. 3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of rights, nor any infringement of federal, State, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit. 4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title. 5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department. 6. The permittee shall properly operate and maintain the facility and systems of treatment and control (and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, are required by Department rules. This provision includes the operation of backup or auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules. 7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to: (a) Have access to and copy any records that must be kept under conditions of the permit; (b) Inspect the facility, equipment, practices, or operations regulated or required under this permit; and (c) Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules. Reasonable time may depend on the nature of the concern being investigated. Page 2 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry GENERAL CONDITIONS (cont.): PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information: (a) A description of and cause of noncompliance; and (b) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject to enforcement action by the Department for penalties or for revocation of this permit. 9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Sections 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules. 10. The permittee agrees to comply with changes in Department rules and Florida Statues after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules. 11. This permit or a copy thereof shall be kept at the work site of the permitted activity. 12. The permittee shall comply with the following: (a) Upon request, the permittee shall furnish all records and plans required under Department rules. During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department. (b) The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule. (c) Records of monitoring information shall include: 1. the date, exact place, and time of sampling or measurements; 2. the person responsible for performing the sampling or measurements; 3. the dates analyses were performed; 4. the person responsible for performing the analyses; 5. the analytical techniques or methods used; 6. the results of such analyses. Page 3 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry GENERAL CONDITIONS (cont.): PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 13. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly. Page 4 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART A — SOLID WASTE FACILITY GENERAL REQUIREMENTS 1. Facility Designation. This site shall be classified as a solid waste processing facility for the processing of non -hazardous wastes only. This facility shall be constructed, operated and closed in accordance with all applicable requirements of Chapters 62-4, 62-330, 62-520, 62-522, 62-550, and 62-701, F.A.C. and all applicable requirements of all Department Rules. a. Definitions. The following terms are defined as follows for the purposes of this permit. Other terms used in this permit are defined in Chapters 62-701, 62-713 and 62-780, F.A.C., and other applicable Department Rules. 1) "Contamination" or "Contaminated" as defined in Rule 62-780.200(10), F.A.C. 2) "Impervious surface" means a surface which has been constructed to prevent the discharge of contaminants into or onto the soil mantle. Asphalt pavement shall not be considered "impervious" for the purposes of this permit. Concrete which has been sealed by a chemical resistant sealant, and which does not exhibit cracking, spalling, gouges, or other deficiencies, may be considered "impervious" for the purposes of this permit. 3) "Non -hazardous materials" are materials which are not included in the definition of hazardous wastes pursuant to Chapter 62-730, F.A.C., or 40 CFR 261.3, and also do not exhibit the characteristics of hazardous waste listed in 40 CFR 261, Subpart C. 4) "Petroleum contaminated soil" as defined in Rule 62-713.200(6), F.A.C. 5) "Petroleum contaminated water" means water which has been contaminated as defined above, exclusively by petroleum products as defined in Section 376.301(33), Florida Statutes (2013), in quantities which may result in a violation of Chapters 62-302 and 62-550, F.A.C., water quality standards. 6) "Processing" means separating and consolidating the materials received based on physical characteristics and includes bulking and consolidation of materials from small containers into larger containers and separation of liquids and solids. "Processing" also includes treatment, such as the stabilization of materials by the addition of stabilization agents, only if the treatment, stabilization and/or solidification is performed in accordance with the requirements of this permit, and the resulting material is non -hazardous, as defined above. 7) "Stabilization Agents" are limited to non -hazardous materials such as cement kiln dust, flyash, lime, or other chemical reagents whose addition may alter the chemical characteristics of the materials. For the purposes of this permit, "oil-dri", vermiculite, clay absorbents, clean soil, and other materials which may change the physical characteristics (e.g. solid/liquid state), but not the chemical characteristics of the materials are not considered to be "stabilization agents." Page 5 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART A — SOLID WASTE FACILITY GENERAL REQUIREMENTS (cont.) b. The materials which are permitted to be accepted, processed, stored or otherwise managed at the facility are the non -hazardous materials identified below [ref. On. Plan, Sec. 2.0]: 1) Petroleum contaminated soil, as defined in Rule 62-713.200(6), F.A.C. 2) Petroleum contaminated sorbent materials (e.g., pads, booms, etc.), and personal protective equipment (PPE). 3) Petroleum tank bottom sludges from petroleum storage tank systems regulated pursuant to Chapters 62-761 and 62-762, F.A.C. 4) Petroleum contaminated water (not regulated as PCW), as defined by this permit. 5) Petroleum contaminated sediments, sludges and liquids which originate from oil/water separators at residential car washes, rollover car washes, and tunnel car washes as defined in Rule 62-660.803(3), F.A.C. 6) Soils and liquids, contaminated by virgin, non -hazardous materials, which have originated from accidental spills. 7) Investigation -derived soil and water waste from sites contaminated by dry- cleaning solvents as defined in Chapter 376.301(8) and (9), F.S. (1995) which do not fail TCLP and have concentrations of tetrachloroethylene of less than 12 mg/kg for solids or 56 ug/1 for wastewaters. 8) Other industrial solid wastes, as defined by Rule 62-701.200(52), F.A.C. which are not included in the definition of hazardous wastes pursuant to Chapter 62-730, F.A.C., or 40 CFR 261.3, and also do not exhibit the characteristics of hazardous waste listed in 40 CFR 261, Subpart C. 9) Anti -freeze. 10) Latex paint and latex paint sludges. 11) Inks and ink sludges. 12) Empty containers, including aerosol cans, which previously contained materials specifically listed in this Specific Condition (A.l.b.). 13) Dry cell batteries which are non -hazardous, as defined above. Dry cell batteries with mercuric oxide electrode, rechargeable batteries or a product containing either type of battery shall not be accepted. 14) Biosolids as defined in Rule 62-640.200(6), F.A.C., solids removed from pump stations and lift stations, and screenings and grit removed from the preliminary treatment components of domestic waste water facilities. 15) Off -specification or discarded consumer products, including groceries, detergents, personal hygiene and care products, household products, pre -packaged dry foods, canned goods, and pre -packaged beverages. Page 6 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART A — SOLID WASTE FACILITY GENERAL REQUIREMENTS (cont.) C. Unless specifically stated otherwise in this permit, the materials listed in Specific Condition A.Lb., above, may be accepted, processed, stored and managed only if the permittee performs, or requires the generator to perform, the analyses listed in Attachment 3 of this permit, at a minimum. If the generator performs the sampling and analyses, copies of the results shall be retained by the permittee in accordance with the recordkeeping requirements of this permit. In the event that Attachment 3 does not specifically list a particular waste stream (for example, those materials managed pursuant to Specific Condition A. Lb(8), above), analyses shall be performed which adequately characterize the waste as non -hazardous, as defined in Specific Condition A. La(3), above. Notwithstanding the sampling and analyses conducted pursuant to Attachment 3, the permittee shall ensure that only non -hazardous materials as defined in Specific Condition A. La(3), above, are accepted, processed, stored or otherwise managed at this facility. d. Materials not specifically listed or described in Specific Condition A. Lb., above, may only be managed at the facility on a case -by -case basis with prior approval from the Department. e. This permit does not specifically authorize the acceptance, processing, storage or other management of materials identified in Chapters 62-710 (used oil rule), and 62-737 (mercury containing device rule), F.A.C. The management of these materials may require a separate Department permit. f. This permit does not authorize the management of household hazardous wastes (described in 40 CFR 261.4), or hazardous wastes generated by conditionally exempt hazardous waste generators regulated under 40 CFR 261.5 (CESQG's). g. This facility shall be constructed and operated in accordance with all applicable requirements of Chapters 62-4, 62-330, 62-520, 62-522, 62-550, 62-701, 62-713, and 62- 780, F.A.C. and all applicable requirements of all Department Rules. 2. Permit Application Documentation. This permit is valid for operation of the waste processing facility and related systems in accordance with all applicable requirements of Department rules, and in accordance with the reports, plans and other information prepared by Clark Environmental Inc., and Mark A. Alessandroni, P.E. (unless otherwise noted), as follows: a. CLARK Waste ProcessingFacility acility Renewal of Permit No. 38627-008-SO/30, dated and rec'd December 30, 2019, as revised, replaced or amended by information received June 26, 2020, December 11, 2020, December 15, 2020, February 10, 2021 and March 8, 2021. This information includes, but is not limited to: 1) Engineering Report (Eng. Report), dated February 8, 2021 (rec'd February 10, 2021); 2) Appendix A, Operations Plan (Op. Plan), dated January 29, 2021 (rec'd February 10, 2021); 3) Appendix B, Engineering Calculations (Eng. Calcs.), dated and rec'd December 11, 2020; Page 7 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART A — SOLID WASTE FACILITY GENERAL REQUIREMENTS (cont.) 4) Appendix C, Contingency Plan (Contingences), dated and rec'd December 30, 2019; 5) Appendix F, Closure Plan (Closure Plan), dated and rec'd December 30, 2019; 6) Appendix H, Recordkeeping, dated and rec'd December 30, 2019; and 7) Appendix K, Plans and Drawings, dated February 8, 2021 (rec'd February 10, 2021) 8) Appendix L, Additional Information, dated February 8, 2021 (rec'd February 10, 2021) b. Application for Transfer of Permit — DEP Form #62-701.900(8), F.A.C., dated May 23, 2022 and rec'd June 8, 2022. New 38627-012 3. Permit Modifications. Any activities not previously approved as part of this permit shall require a separate Department permit unless the Department determines a permit modification to be more appropriate, or unless otherwise approved in writing by the Department. Permits shall be modified in accordance with the requirements of Rule 62-701.320(4), F.A.C. A modification which is reasonably expected to lead to substantially different environmental impacts which require a detailed review by the Department is considered a substantial modification. 4. Permit Renewal. In order to ensure uninterrupted operation of this facility, a timely and sufficient permit renewal application must be submitted to the Department in accordance with Rule 62- 701.320(10), F.A.C. A permit application submitted at least 61 days prior to the expiration of this permit is considered timely and sufficient. 5. Professional Certification. Where required by Chapter 471 (P.E.) or Chapter 492 (P.G.), Florida Statutes, applicable portions of permit applications and supporting documents which are submitted to the Department for public record shall be signed and sealed by the professional(s) who prepared or approved them. 6. General Conditions. The permittee shall be aware of and operate under the "General Conditions". General Conditions are binding upon the permittee and enforceable pursuant to Chapter 403, Florida Statutes. 7. Regulations. Chapter 62-701, F.A.C., effective March 13, 2016, is incorporated into this permit by reference. In the event that the regulations governing this permitted operation are revised, the Department shall notify the permittee, and the permittee shall request modification of those specific conditions, which are affected by the revision of regulations to incorporate those revisions. 8. Prohibitions. The prohibitions of Rule 62-701.300, F.A.C., shall not be violated by activities at this facility. Page 8 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART B — CONSTRUCTION REQUIREMENTS 1. Construction. All construction activities shall be approved by the Department prior to initiating work, unless specifically authorized otherwise. a. This permit provides after -the -fact authorization for the following construction: 1) Construction of "the Sludgenator" and related appurtenances in accordance with all design plans, calculations, and as -built information provided in the approved permit application documents [ref. Spec. Cond. A.2]; and 2) Installation of a 21,000-gallon frac tank for leachate storage in Building 2, and related appurtenances in accordance with all design plans, calculations, and as - built information provided in the approved permit application documents [ref. Spec. Cond. A.2]. b. This permit authorizes the following construction: 1) Expansion of the secondary containment area north of Building 2, in accordance with all design plans and calculations provided in the approved permit application documents [ref. Spec. Cond. A.2]. 2. Certification of Construction Completion. All information required by this Specific Condition shall be signed and sealed by a registered professional engineer or land surveyor as appropriate. At the completion of construction, information listed below shall be provided to the Department as part of the Certification of Construction Completion. a. Within sixty (60) days after any specified construction has been completed or as otherwise specified in this permit, the following activities shall be completed and submitted by the permittee to the Department: 1) The owner or operator shall submit a Certification of Construction Completion, Form 62-701.900(2), signed and sealed by the professional engineer responsible for the construction to the Department for approval, and shall arrange for Department representatives to inspect the construction in the company of the permittee, the engineer, and the facility operator. 2) The owner or operator shall submit Record Drawings/Documents showing all changes (i.e. all additions, deletions, revisions to the plans previously approved by the Department). The Record Documents shall include as -built plans, details and elevations (survey) as appropriate. 3) The owner or operator shall submit a narrative indicating all changes in plans and the cause of the deviations, and certification by the design engineer to the Department. 3. Approval of Certification. Operation of the constructed systems, structures, equipment, etc., shall not be initiated at the facility until one of the following has occurred: (1) the Department has stated in writing that it has no objection to the certification of construction completion; or (2) at least 30 days have passed since the certification was submitted and the Department has not responded in writing to the certification. Page 9 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS 1. Facility Operation Requirements. a. Each facility owner or operator shall have an operational plan that meets the requirements of Rule 62-701.710(2)(h), F.A.C. A copy of the Department approved permit, operational plan, construction reports and record drawings, and supporting information included in the documents listed in Specific Condition A.2, above, shall be kept at the facility at all times for reference and inspection. Operating records as required by Rule 62-701.710(9), F.A.C. are part of the operations plan, and shall also be maintained at the site. b. All processed materials shall be transferred to, or disposed of at, an appropriately permitted disposal or treatment facility. The permittee shall not transfer any material, processed or unprocessed, for treatment or disposal, to a facility not specifically approved for the disposal or treatment of such materials. The permittee shall maintain on -site, and provide to the Department upon request, copies of the disposal and treatment facilities' permits which demonstrate that each disposal and treatment facility is authorized to receive the specific types of wastes which are transferred to the disposal or treatment facility from this materials processing facility. C. Non -petroleum contaminated materials shall be pre -approved by the intended disposal facility prior to acceptance at this materials processing facility. d. In the event that the processing equipment becomes inoperable, the permittee shall complete repairs, or provide reserve equipment, within one week of discovery of the equipment failure. In the event that sufficient reserve equipment is not available within one week of the equipment failure, and the facility has reached its permitted storage capacity, the facility shall not accept additional waste materials until sufficient equipment is operating at the site. e. Incompatible materials shall not be combined during receipt, storage or processing at the facility. f. Pursuant to Rule 62-710.850, F.A.C., the permittee shall not dispose of used oil filters in a landfill in Florida or commingle such filters with other solid waste for disposal in a landfill in Florida. In the event that used oil filters are not disposed, but are recycled, either on -site or off -site, a permit pursuant to Rule 62-710, F.A.C., may be required. g. Pursuant to Sections 403.7192(3)(a) and (b), Florida Statutes (1996), the permittee shall not knowingly place in a mixed solid waste stream (which is destined for disposal in Florida), a dry cell battery that uses a mercuric oxide electrode, a rechargeable battery, or a product containing either of such batteries. In the event that these batteries are managed at the site, they shall be processed and stored in areas segregated from the other solid wastes and shall not be disposed in solid waste management facilities in Florida. 2. Operating Personnel. a. A trained operator (trained in accordance with the Operations Plan) shall be on duty at the facility whenever the facility is operating and shall be responsible for operating and maintaining the facility in an orderly, safe, and sanitary manner [ref. Op. Plan, Secs. 10.0 — 10.6]. Page 10 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) b. At least one trained spotter shall observe each tipping area at all times that waste is being accepted at the facility to inspect each load of waste and remove prohibited materials prior to treatment. Training of spotters and operators shall be in accordance with Section 10 of the Operations Plan. C. A sufficient number of trained personnel shall be available to adequately operate the facility. In the event that unacceptable wastes are not adequately removed from the waste and managed at the facility prior to disposal, the permittee shall take appropriate action to ensure adequate spotting. Such actions may include, but are not limited to, personnel changes, additional training, changes in procedures, or additional trained spotters. 3. Control of Access. Access to, and use of, the facility shall be controlled. Adequate access to the waste processing facility and storage areas shall be provided for all weather conditions. 4. Monitoring of Waste. a. Hazardous Waste or Hazardous Substances. 1) This permit does not authorize the acceptance, processing or storage of any hazardous waste or any hazardous substance at this site. Hazardous wastes are those defined in Chapter 62-730, F.A.C. Hazardous substances are those defined in Section 403.703, Florida Statutes or in any other applicable state or federal law or administrative rule. 2) In the event that hazardous waste, or materials which do not comply with the definition in Specific Condition A.1.a(3), are received at the facility, the owner or operator shall notify the Department's Hazardous Waste and Solid Waste sections by the end of the next business day. These materials shall be stored in an area of the drum processing building separate from the solid waste storage and processing areas. Every effort shall be made to determine the origin of the waste, and the waste shall be characterized and disposed of in accordance with applicable federal, state and local regulations. 3) The owner or operator shall ensure that the materials accepted at the site are non- hazardous materials as described in Specific Condition A. l.a(3). b. Waste Characterization. 1) "Generator knowledge" shall not be the sole basis for acceptance of the representation of the material as non -hazardous. 2) SDS sheets may be acceptable for determining the character of the waste for virgin (unused) materials. C. Waste Acceptance. 1) Materials shall be accepted in accordance with the Operations Plan, other information listed in Specific Condition A.2.a., above, and the conditions of this permit. Page 11 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) 2) Prior to acceptance of materials at the facility, the owner or operator shall obtain from the generator a signed Profile Document and laboratory analytical results (MSDS sheets may be accepted for virgin, unused materials) which demonstrate that the materials are non -hazardous as described in Specific Condition A.l.a(3), above. 3) The permittee shall perform, or shall require the generator to perform, the minimum sampling and analysis, required by Specific Condition A.l.c. of this permit. Records which correlate and track the samples taken, analytical results, and waste shipments (received and disposed) shall be maintained at the facility and shall be provided to the Department upon request. 4) Prior to acceptance at this facility, industrial wastewaters shall be tested in accordance with Attachment 3 of this permit and shall be tested for parameters of concern based on the particular waste stream as required by the intended disposal facility. 5) In the event that materials which are received do not correlate with the associated Profile Document, the procedures in the Section 3.5 of the Operations Plan shall be implemented, a description of the discrepancy and actions taken shall be recorded. A summary of these incidents shall be provided to the Department upon request. 6) Stabilization Agents. a) Stabilization agents shall be stored such that runoff is managed as leachate. The stabilization agents may be waste materials from non-specific sources, and the composition may vary. In the event that runoff from the stabilization agents discharges outside of the leachate collection system, analyses of the stabilization agents will be required. b) Stabilization agents that are combined with materials that will be treated at a soil thermal treatment facility, shall meet the "cleaned soil" criteria of Chapter 62-713, F.A.C., prior to mixing of these agents with the waste materials. Analytical results that demonstrate the stabilization or solidification agents meet the "cleaned soil" criteria shall be maintained at the facility and provided to the Department upon request. c) Only soil may be used for solidification of material with final disposal to a thermal treatment facility. No other stabilization agents will be combined with materials which will be treated at a soil thermal treatment facility [ref. Op. Plan, Sec. 7.11. Page 12 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) 7) In the event that storage of the contaminated materials at the generator's site presents an unreasonable risk to public health and safety or the environment, e.g. on highway right-of-way, the permittee may accept contaminated materials prior to receipt of the analytical results required by Attachment 3 of this permit in accordance with the following: a) These materials shall be stored separately from other materials at the facility, within the containment of the processing buildings. b) No later than the end of the next business day after receipt of these materials at the facility the permittee shall perform the sampling required by Attachment 3 of this permit. c) In the event that these materials are hazardous wastes or hazardous substances, the Emergency Response On -Scene Coordinator must authorize the storage of the materials at the EnviroServe Mulberry. The permittee shall notify the Department's Solid Waste Section in writing (via email or fax) by the next business day, that these materials are stored at the EnviroServe Mulberry. d) These materials shall not be processed with other materials until analytical results have been received. The analytical results must demonstrate that the materials are acceptable for management at this facility in accordance with Specific Condition A.1, above. Amended 38627-012 d. Waste Disposal. 1) The permittee shall ensure that the materials which are disposed have been adequately characterized to meet the intended disposal facilities' acceptance criteria. 2) Unless specifically noted otherwise in this permit, or otherwise approved by the Department, processed solids shall be disposed of in accordance with Specific Condition C.l.b., above, and processed wastewaters shall be disposed of at a wastewater treatment (or pre-treatment) facility permitted by the Department (or program delegated by the Department) to receive the types of wastes listed in Specific Condition A.1. Control of Nuisance Conditions. a. The operating authority shall be responsible for the control of odors, vectors and fugitive particulates arising from this operation. Such control shall minimize the creation of nuisance conditions on adjoining property. Odors confirmed by Department personnel upon site inspection, shall constitute a nuisance condition, and the permittee must take immediate corrective action to abate the nuisance. The owner or operator shall control vectors so as to protect the public health and welfare. Page 13 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) b. To reduce the potential for the offsite migration of objectionable odors, the owner or operator shall: 1) Implement additional administrative and engineering controls to manage odors, including: a) The use of non -toxic proprietary compounds, plant extracts, essential oils, and/or emulsifiers to neutralize, counteract, and/or mask odors. b) Install an odor control system along the perimeter and/or above the offending Processing Area. c) Be selective in the profiled and approved material it receives and reject material that may meet EnviroServe's Acceptance Criteria but emit nuisance odors unable to be controlled [ref. Op. Plan, Secs. 7.4 & 7.5]. Amended 38627-012 2) Immediately (within 48 hours) remove offending solid waste to an appropriate off - site solid waste management facility. 6. Facility Maintenance and Repair. a. The site shall be properly maintained. In the event of damage to any portion of the site facilities, equipment, leachate collection and removal system, storage areas, buildings, traffic areas, or monitoring systems, failure of any portion of the associated systems(including dry or damaged wells and piezometers), fire of greater than 1-hour duration, explosion, or the development of sinkhole(s) at the site, or any spill outside of the containment areas or leachate management system which discharges to the environment, the permittee shall immediately (within 24 hours) notify the Department explaining such occurrence, method to prevent reoccurrence, remedial measures to be taken and time needed for repairs. Written detailed notification shall be submitted to the Department within seven (7) days following the occurrence. This notification does not apply to activities that are normal, routine maintenance and repair. b. In the event that the processing or treatment equipment becomes inoperable, the permittee shall complete repairs, or provide reserve equipment, within one week of discovery of the equipment failure. In the event that sufficient reserve equipment is not available within one week of the equipment failure, and the facility has reached its permitted storage capacity, the facility shall not accept additional waste materials until sufficient equipment is operating at the site. C. In the event that the sealant on the concrete containment structures, sump, ramps, or other facility structures becomes damaged, gouged, cracked, spalled, cut, or does not provide a consistently sealed surface, the areas shall be repaired. The Department shall be notified if the containment has become compromised. In the event a breach in the primary containment wall occurs, no additional solid waste material shall be accepted in the affected area until the problem has been corrected [ref. Contingences, Sec. 1.3]. Page 14 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) 7. Stormwater Management. The site shall have a surface water management system operated and maintained to prevent surface water flow on to unloading, loading and storage areas, and a stormwater runoff control system operated and maintained to collect and control stormwater to meet the requirements of Florida Administrative Code Rule 62-330, any other applicable Department rules, and the requirements of the respective water management district. 8. Drainage and Leachate Management. a. All areas outside of the containment areas in the processing buildings shall be cleaned at the end of each day's operation at a minimum, or as needed, to prevent nuisance conditions, hazardous conditions, odor or vector problems. b. Except within temporary containment areas created in Buildings 1, 3, 4 and 5, and the sump areas of Buildings 1 and 2, floors shall be free of standing liquids. Liquids from the temporary containment areas shall be pumped via hoses as described in the Operations Plan [ref. Op. Plan, Secs. 4.1.7, 4.3.4, 4.4.4, & 4.5.41. C. Except for discharges to permitted disposal facilities by approved methods, liquids shall not be discharged outside of the containment areas in the processing buildings. d. Liquids which accumulate in the leachate storage tanks secondary containment areas shall be managed as leachate. e. In the event that liquids do not drain adequately to the sumps, the filtering system shall be cleaned, and other obstructions removed. f. Rainwater and contaminated liquids which may accumulate within the bermed concrete areas north of Building #2 and east of Building #1, within the Containment Areas for each building, and between the concrete containment berm and Processed Material Storage bins on the south side of Building #1 shall be removed for proper disposal when its depth is nearing 5 inches. These liquids shall be managed as processed wastewater [ref. Op. Plan, Secs. 7.2.1 & 7.2.2]. g. Rinsate from the decontamination of equipment, vehicles or drums shall be managed within the containment areas of the Buildings 1 or 2 [ref. Op. Plan, Secs. 4.3.3, 4.4.3. & 4.5.31. h. The liquid filtering systems and sumps shall be cleaned or pumped out at least weekly that the pumps are in use, or more frequently if liquids do not effectively flow into the sumps or if the sumps are full [ref. Op. Plan, Sec. 7.3]. 9. Special Wastes. The design, operation, and monitoring of disposal or control of any "special wastes" shall be in accordance with the Operations Plan and with Rules 62-701.300(8) and 62- 701.520, F.A.C., and any other applicable Department rules, to protect the public safety, health and welfare. The special wastes shall be stored and managed such that discharge of contaminants to the environment is prevented. a. Wastes generated by onsite activities (such as equipment maintenance) which may include residual contaminants (such as gasoline, oil, paint, antifreeze, PCBs, etc.) shall be stored such that the residues or constituents thereof are not spilled, leaked, dumped, or otherwise discharged onto the ground or into surface or groundwater. Page 15 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) 10. Materials Management and Storage. a. Within 30 days of issuance of this permit, the permittee will provide written notification of the buildings [i.e. Buildings 1-5] to be initially utilized under this waste processing facility permit and the final waste destination for processed solids from each building. Written notification of any changes in building designation shall be provided to the Department prior to implementation. b. Material Storage. 1) The maximum quantity of material stored at the facility shall be in accordance with Attachment 2 of this permit. 2) Unprocessed liquids shall be stored inside the processing buildings, within the containment areas, the Sludgenator equipment, or the 21,000-gallon frac tank designated for special projects. Processed liquids shall be stored in the 5,000- gallon storage tank adjacent to Building 1, the 21,000-gallon frac tank adjacent to Building 2, and the two 25,000-gallon storage tanks east of Building 5 as shown on Figures 3, 4d, & 8c of Appendix K [ref. Spec. Cond. A.2.a(7)]. 3) Processed solids shall be stored within the containment areas of the processing buildings, or in covered, lined roll -off containers or covered, lined dump trucks, on impervious surfaces. 4) Unprocessed solids shall be stored inside the processing buildings within the containment areas. 5) Used, empty drums which have not been sufficiently decontaminated shall be stored inside the processing buildings. Used, empty drums which have been sufficiently decontaminated, may be stored outside Building #1 on the covered concrete slab, in the Drum Storage Area in Building #2, or in the drum reclaimer's trailer. 6) Cement kiln dust and other stabilization agents shall be managed in a manner which minimizes dust and health hazards to facility personnel. Stabilization agents shall be stored in covered containers or shall be covered and stored on impervious surfaces. Stormwater which contacts the stabilization agents shall be managed as leachate. C. All potentially contaminated materials shall be unloaded, stored, and processed on impervious surfaces within the containment areas. Spillage (liquids or solids) from loading operations shall be cleaned up immediately. d. The owner or operator shall ensure that neither liquids nor solids are discharged outside the containment areas in the processing buildings. e. During processing operations, the truck and all associated hoses and equipment shall be located within the secondary containment areas such that spillage outside of the secondary containment does not occur. Page 16 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) f. Equipment which is used to mix materials shall not be stored or operated outside of the containment of the processing buildings unless it has been decontaminated immediately prior to removal. In no event shall residues or waste materials be discharged to the environment outside the containment of the processing buildings by processing equipment, trucks, or any other means. g. Solids (soils and sludges) which are destined for thermal treatment shall be managed separately from solids (soils and sludges) which are destined for other treatment or disposal. h. The 21,000-gallon frac tank designated for special projects may only be stored within the leachate containment areas of Buildings 2-5 [ref. Eng.C, Section 3.4]. 11. Wastewater Storage Tanks Management. a. In the event of damage to any portion of the 5,000-gallon storage tank adjacent to Building 1, the 21,000-gallon frac tank adjacent to Building 2, the two 25,000-gallon wastewater storage tanks system, or the 21,000-gallon frac tank designated for special projects, the permittee shall immediately (within 24 hours) notify the Department explaining such occurrence and remedial measures to be taken and time needed for repairs. Written detailed notification shall be submitted to the Department within seven (7) days following the occurrence. b. Leachate tank inspections. 1) The exposed exterior of the leachate storage tanks, containment areas, truck loadout area, and other leachate tank system appurtenances shall be inspected at least daily for defects, leaks or cracks. The containment area walls, tanks and tank seams, valves, and overflow control equipment for the two 25,000-gallon tanks inspected weekly for defects and to ensure there good working order [ref. On. Plan, Secs. 9.2.1 & 9.2.2]. In the event that deficiencies are noted, the permittee shall propose corrective measures (including a schedule for implementation) to the Department. The deficiencies shall be corrected in accordance with the schedule approved by the Department. 2) The two 25,000-gallon wastewater storage tank system shall be inspected as required by Rule 62-701.400(6)(c)9., F.A.C., and in accordance with the conditions of this permit. The interior of the tank shall be inspected within 3 years of the date of the last inspection. A copy of the inspection report shall be submitted to the Department within 30 days of the inspection. In the event that deficiencies are noted in the inspection report, within fifteen (15) days of the owner's receipt of the written inspection report, the owner or operator shall propose corrective measures (including a schedule for implementation) to the Department. The deficiencies shall be corrected in accordance with the schedule approved by the Department. C. Liquids which accumulate within the secondary containment areas of the 21,000-gallon frac tank on the north side of Building 2 or the two 25,000-gallon wastewater storage tanks on the southeast side of Building 5 shall be removed upon accumulation to 5 inches in depth. Liquids which exhibit a sheen or may have contacted waste or leachate shall be managed with wastewaters in Buildings 1 or 2 [ref. Op. Plan, Secs. 7.2.2 & 7.2.4]. Page 17 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART C — OPERATION REQUIREMENTS (cont.) 12. Sludgenator Processing System. a. The Sludgenator shall be operated in accordance with the procedures described in the Operations Plan [ref. Op. Plan, Secs. 12.0 — 12.21. b. Excluding routine maintenance or repairs, the permittee shall notify the Department prior to replacement of any of the Sludgenator processing system components listed in Section 12.1 of the Operations Plan in order to determine whether a permit modification is required. SPECIFIC CONDITIONS: PART D — RECORDKEEPING Report Submittals. Unless otherwise specified, all submittals, notifications, reports for compliance with this permit, etc. shall be made to the Southwest District Office Compliance Assurance Program at (813) 470-5700 or SWD_Waste&FloridaDEP.g_ov. Requests for permit modification shall be provided to the Southwest District Air & Solid Waste Permitting Section, at SWD_ Solid _Waste _ Permitting@a,FloridaDEP.gov or 13051 N. Telecom Parkway, Suite 101, Temple Terrace, Florida 33637. 2. Operations Plan and Operating Record. a. Each facility owner or operator shall have an operational plan that meets the requirements of Rule 62-701.713(3)(e), F.A.C. A copy of the Department -approved permit, Operations Plan, Engineering Report, Employee Training Manual, Contingency Plan, construction reports and record drawings, and supporting information shall be kept at the facility at all times for reference and inspections. Operating records are part of the operations plan, and shall also be maintained at the site. b. Proposed changes to the current Department approved Operations Plan shall be submitted in writing to the Department for review and may require a permit modification in accordance with Specific Condition A.3. The Operations Plan shall be updated as operations change and for renewal of the permit. Revised pages shall be provided as replacement pages with revisions noted (deletions may be struckthrough [stFue 4hfoughl and additions may be underlined [underlined] or a similar method may be used) and each page numbered with the document title and date of revision. 3. Waste Records. a. The owner or operator of the waste processing facility shall maintain at the site, and provide to the Department upon request, the following waste records (at a minimum, the most recent three years): 1) The amount of material received, stored, processed and disposed. The amount of material shall include: the estimated quantities of drums received (gallons), an estimate of the percentage of solids and liquids in each drum, the estimated quantities of bulk liquids received (gallons), the estimated quantities of bulk solids received (tons), and the estimated quantities of liquids (gallons) and solids (tons) disposed of, and stored onsite. Page 18 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry SPECIFIC CONDITIONS: PART D — RECORDKEEPING (cont.) PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 2) The Profile Document (or internal document equivalent), and other waste characterization documentation, for each drum or shipment accepted at the facility. 3) The analyses required by Specific Condition A. l.c. of this permit. 4) In the event that a consistent industrial waste stream is received, documentation which includes the original analytical results, a description of the process which produced the waste, and confirmation by the industrial facility indicating that the process has not changed since the analyses were performed, shall be acceptable as "pre -acceptance analyses" for this permit. The industrial facility's confirmation shall be required annually, at a minimum, or more frequently if the process which generates the waste changes. These records shall be maintained onsite and provided to the Department upon request. 5) The analyses for all processed materials, if required by the disposal facility, and documentation indicating the acceptance of the material at the disposal or treatment facility for each shipment from this permitted facility. 6) Documentation that all analyses performed by the permittee are in accordance with a Department approved Quality Assurance Plan. Documentation may consist of a title page, dated and signed by the Department's QA Section, and the Plan's Table of Contents. 7) Weekly and Monthly facility inspection logs. 8) The analyses of the stabilization agents required by Specific Condition CA.c(6), above, if required. b. The following information shall be compiled monthly and retained onsite for three years. Copies of these records shall be made available to the Department upon request: 1) A material balance including the estimated quantities of drums received (gallons), an estimate of the percentage of solids and liquids in each drum received, the estimated quantities of bulk liquids received (gallons), the estimated quantities of bulk solids received (tons), and the estimated quantities of liquids (gallons) and solids (tons) disposed of, and the estimated quantity of liquids, solids and unprocessed drums stored onsite. 2) The disposal or treatment facility name and location for all materials removed from the facility. Page 19 PERMITTEE NAME: EnviroServe Inc. PERMIT NO.: 38627-011-SO/30 FACILITY NAME: EnviroServe Mulberry WACS Facility ID: SWD/53/51555 SPECIFIC CONDITIONS: PART D — RECORDKEEPING (cont.) 4. Financial Assurance. a. Financial Assurance Mechanism. The permittee shall maintain, in good standing, the financial assurance mechanisms established to demonstrate proof of financial assurance. Supporting documentation and evidence of increases associated with cost estimate increases shall be submitted within the time frames specified in Rule 62-701.630, F.A.C. All submittals in response to this specific condition shall be sent to: Florida Department of Environmental Protection Financial Assurance Working Group 2600 Blair Stone Road, MS 4548 Tallahassee, Florida 32399-2400 Financial.Assurance.Working GrouR(&FloridaDEP.gov. b. Annual Cost Estimates. The permittee shall annually adjust the closure cost estimate(s) for inflation using Form 62-701.900(28). Adjustments shall be made in accordance with Rule 62-701.630(4), F.A.C. and, as applicable, 40 CFR Part 264.142(a) and 264.144(a). An owner or operator using a letter of credit, guarantee bond, performance bond, financial test, corporate guarantee, trust fund or insurance shall submit the adjusted cost estimate(s) between January 1 and March 1. An owner or operator using an escrow account shall submit the adjusted estimate(s) between July 1 and September 1. All submittals in response to this specific condition shall be sent to the District Office at SWD Waste ,FloridaDEP.gov and a copy to the address identified in Specific Condition DA.a. ' 9 � :rY11:Z11i1:�11Y1h•/�I[I � 1 ' 1 1/ � Water Quality Monitoring Quality Assurance. Water quality monitoring and reporting for the on -site soil thermal treatment facility shall be in accordance with the requirements of Permit No. 138634-008-SO/28 or its successors. PART F — LANDFILL GAS MANGEMENT [There are no landfill gas management requirements for this facility.] Closure Requirements. The facility owner or operator shall submit an updated, detailed Closure Plan, prior to ceasing operations, and shall specify a closing date, as required by Rule 62-701.710(6), F.A.C. No waste shall be received after the closing date. The facility shall be closed in accordance the Closure Plan [ref. Spec. Cond. A.2.a(5)] and in accordance with Rule 62- 701.710, F.A.C. Within 180 days of the closing date, the Department shall be notified in writing of closure completion so that final inspection by the Department can be conducted and facility closure completion determined. All processed and unprocessed materials, and residuals shall be removed from the site and disposed of appropriately. Page 20 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry Executed in Hillsborough County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION W')Kv'WK' Shannon Herbon Program Administrator Permitting & Waste Cleanup Program PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 FILED, on this date, pursuant to Section 120.52, F.S. with the designated Department Clerk, receipt of which is hereby acknowledged. ff1600-- Af Clerk June 16, 2022 Date Page 21 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry ATTACHMENT I PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 SPECIFIC SUBMITTAL DUE REQUIRED ITEM CONDITION DATE AA No later than 61 Submit application for permit renewal days prior to permit expiration B.2.a. Within 60 days of Submit certification of construction completion construction completion C.4.a(2) By the end of next Notification of receipt of hazardous waste or non - business day compliant materials C.4.c(7) By the end of next Notification of receipt of emergency response materials business day without analyticals; perform analysis C.6.a. Within 24 hours of Notification of: hazardous waste receipt, failure of discovery facility systems or equipment Written notification & corrective action plan Within 7 days of verbal notification C.IO.a. Within 30 days of Submit initial designation of Buildings 1-5 use under issuance of permit. permit. Submit notification of building designation change to Prior to implementation Department of changes to building use designations. DA.a. Annually Submit proof of adequate financial funding DA.b. Annually, by Submit revised cost estimates March 1 st each year G.1 Prior to ceasing Notification of Closure operations Notification of Closure Completion Upon closure completion Page 22 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry ATTACHMENT 2 PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 Processing Capacity Processing Ca aci Waste Waters Drums Empty Drums Potential Haz Waste Bldg. #1 382 tons 5,005 gals 217 dms 300 dms 24 dms Bldg. #2 162 tons 19,410 gals 21,332 gals 140 dms 42 dms Bldg. #3 3,146 tons Bldg. #4 5,587 tons Bldg. #5 5,337 tons Special Projects 21,000 gals Bulk Tanks 50,758 gals Totals 14,614 tons 19,410 gals 98,095 gals 357 dms 342 dms 24 dms =116 tons Reference Engineering Calculations, Section 7.0, Summary of Maximum Capacities, revised December 11, 2020. Page 23 PERMITTEE NAME: EnviroServe Inc. PERMIT NO.: 38627-011-SO/30 FACILITY NAME: EnviroServe Mulberry WACS Facility ID: SWD/53/51555 ATTACHMENT 3 — Minimum Pre -Acceptance or Post -Acceptance QC Analyticals Waste Type Minimum Analyses Typical EPA Test Method (or equivalent) Petroleum Contaminated Soil Virgin Diesel None Gasoline- TCLP Benzene 1311 - 8260 Used Oil- TCLP Volatiles 1311 - 8260 TCLP Metals 1311 - 6010 (As, Cd, Cr, Pb) Petroleum Contaminated Soil Virgin Diesel None from vehicle accident and/or spill Gasoline- TCLP Benzene 1311 - 8260 Used Oil- TCLP Benzene 1311 - 8260 TCLP Metals 1311 - 6010 (As, Cd, Cr, Pb) Non -Virgin Processed or Analysis determined Analysis determined Waste Petroleum case by case case by case Contaminated Water (not regulated as PCW) Petroleum Tank Bottom Diesel & Fuel Oils: Sludges Tank Certification Gasoline: Flashpoint 1010 or 1030 TCLP Benzene 1311 - 8260 TCLP Lead 1311 - 6010 Used Oil: Flashpoint 1010 or 1030 TCLP Volatiles 1311 - 8260 TCLP Metals 1311 - 6010 (As, Cd, Cr, Pb) Petroleum Contaminated Water (contaminated with SDS virgin product, not regulated as PCW) Page 24 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry ATTACHMENT 3 (cont.) PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 Waste Type Minimum Analyses Typical EPA Test Method (or equivalent) Petroleum Contaminated Virgin diesel: None sorbent materials (pads, booms, etc.) Gasoline: TCLP Benzene 1311 - 8260 Used Oil: TCLP Metals 1311 - 6010 (As, Cd, Cr, Pb) Petroleum Contaminated Virgin Diesel None sorbent materials (pads, booms, etc.) from vehicle Gasoline - accident and/or spill TCLP Benzene 1311 - 8260 Used Oil- TCLP Benzene 1311 - 8260 TCLP Metals 1311 - 6010 (As, Cd, Cr, Pb) Liquids, sludges and/or TCLP Benzene 1311 - 8260 Sediments from Car or TCLP Metals 1311 - 6010 - 7471 Truck Wash sump cleanouts (As, Cd, Cr, Pb) and oil/water separators Oil/water separator sludges Analysis determined (other than car/truck case by case washes) Soils and liquids SDS contaminated by virgin, non -hazardous materials originating from accidental spills IDW (soil, water drilling Volatile Organics 8260 mud) from sites contaminated by dry- cleaning solvents Industrial Wastewater, IDW Analysis determined from non -petroleum, non- case by case dry-cleaning sites Any non-RCRA regulated SDS virgin chemical not listed Additional analysis above case by case Antifreeze TCLP Benzene, PCE, TCE 1311 - 8260 TCLP Lead 1311 - 6010 Page 25 PERMITTEE NAME: EnviroServe Inc. FACILITY NAME: EnviroServe Mulberry ATTACHMENT 3 (cont.) PERMIT NO.: 38627-011-SO/30 WACS Facility ID: SWD/53/51555 Waste Type Minimum Analyses Typical EPA Test Method (or equivalent) Latex paint and paint sludges SDS Inks and ink sludges SDS Empty containers, including SDS aerosol cans which contained acceptable materials listed in Specific Condition A. Lb. Dry cell batteries, non- SDS hazardous Industrial solid wastes from Analysis determined non -petroleum, non -dry- case by case cleaning sites Biosolids Analysis determined case by case Off -specification or SDS or Analysis determined case discarded consumer by case products *Reproduced from Op. Plan, Figure 1, Materials Acceptance Criteria, dated January 29, 2021 Page 26 collier county Procurement Services Division Date: October 11, 2023 Cooler County email: Patrick.Boyle@comorcountyfl.gov Telephone: (239) 2524941 aaaendnm #f From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #I 23-8168 Collection and Recycling of Latex Paint The following clarifications are issued as an addendum: Change I: In response to Question #1, 18-7487 Scope of Services and 18-7487 Bid Tabulation have been uploaded into BidSync. If you require additional information, please post a question on otlr Bid Sync (www.bidsvnacom) bidding ptatform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above t !S 202 3 Date (i`Ifllhe 10lt172023 7:22 AA7 p. 7i Collier County Procurement Services Division Date: October 24, 2023 Email: Patrick.Boyle@coliiercountyfl.gov Telephone:(239)252-8941 Addendum #2 From: Patrick Boyle, Procurement Strategist To: Interested Bidders Subject: Addendum #2 23-8168 Collection and Recycling of Latex Paint The following clarifications are issued as an addendum: Change 1: The bid due date has been extended as follows: Bid Opening Datell'ime: ^^'^'�� ^" ^^^' �":""..w. November 7, 2023 at 3:00 pm est If you require additional information, please post a question on our Bid Sync (www.bidsynacom) bidding platform under the solicitation for this project. Please sign below and return a copy of this Addendum with your submittal for the above jl�1cv123 Date (Name of Firm)