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Agenda 10/14/2025 Item #16C 3 (Increasing expenditures for the single source purchases of Odor Control Products and Services from Evoqua Services)
10/14/2025 Item # 16.C.3 ID# 2025-2919 Executive Summary Recommendation that the Board, acting as ex-officio the Governing Board of the Collier County Water-Sewer District, authorize an increase in expenditures for the single source purchases of Odor Control Products and Services from Evoqua Water Technologies LLC, and approve the First Amendment to Agreement No. 24-032-NS, "Odor Control Products and Services," by increasing the authorized annual estimated expenditures under the agreement by $1,720,000 for a not-to- exceed amount of $4,220,000 per Fiscal Year, removing and adding items to the agreement, provide clarification language regarding additional items and possible tariff reimbursements, and authorize the Chair to sign the attached amendment. OBJECTIVE: The public purpose is to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. This action is to authorize an increase in expenditures for the single source purchases of Odor Control Products and Services from Evoqua Water Technologies LLC and approve the First Amendment to Agreement No. 24-032-NS. CONSIDERATIONS: Evoqua odor control systems received Board approval for Standardization on July 10, 2018 (Agenda Item 17.D) and most of the items are identified in the Utilities Standards Manual for installation at Master Pump Stations, Submaster Pump Stations, and Wastewater/Water Treatment Facilities. Since 2018, the Collier County Water Sewer District has invested over $12,000,000 in Evoqua products and services. On August 27, 2024 (Agenda Item 16.C.9), the Board approved Agreement No. 24-032-NS (the “Agreement”) for “Odor Control Products and Services” with Evoqua Water Technologies LLC (“Evoqua”), and authorized expenditures under Board approved standardization of specialized proprietary equipment and services in an estimated amount of $2,500,000 per Fiscal Year. Staff is requesting that the Board increase its not-to-exceed expenditure amount per Fiscal Year under the Agreement from $2,500,000 to $4,220,000 due to: • The original not-to-exceed amount was determined based on historical expenditures, following guidance from Corporate Compliance, rather than on projected annual spending required to meet demand and maintain compliance. This policy has now been changed. • Growth of the County causing increased flows that require additional chemicals • Increased need for maintenance and repairs on aging equipment • Rehabilitation of two and replacement of one odor control units at the South County Water Reclamation Facility Pursuant to Section Twelve, Alternative Procurement Methods, Subsection 3 of the Procurement Ordinance No. 2025- 34 staff requests the Board to find that it is in the best interest of the County to continue to purchase odor control products and services from Evoqua as a single source vendor under the Agreement through September 30, 2029. A public notice to designate Evoqua as a single source entity was posted on the County’s online bidding system and no bids/proposals were received. The Procurement Services Division’s updated administratively approved Waiver Request form (25-013-WVR1) is attached. The Waiver form has been updated in order to align with the products offered by Evoqua and used by the County under the Agreement and the attached proposed First Amendment. The attached proposed First Amendment to the Agreement is requesting to increase the annual expenditures under the Agreement to the not-to-exceed amount of $4,220,000 per Fiscal Year, revising Exhibit A - Scope of Services and Exhibit B - Fee Schedule by removing the Odor Unit Monitoring section and pricing that would now be purchased through a different vendor, remove two items from and add one item to the Exhibit B - Fee Schedule, and add clarification language regarding additional items and possible tariff reimbursements. Staff recommends that the Board approve the attached updated single source Waiver Request 25-013-WVR1 in the amount of $4,220,000 expiring September 30, 2029, and the attached First Amendment to Agreement No. 24-032-NS for a not-to-exceed amount of $4,220,000 per Fiscal Year, and revising the Scope and Fee schedule as described above. Page 2910 of 6526 10/14/2025 Item # 16.C.3 ID# 2025-2919 This item is consistent with the Collier County strategic plan objective to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. It further is in support of the Infrastructure and Asset Management Strategic Focus Area’s objectives to optimize the useful life of all public infrastructure resources through proper planning and preventative maintenance. FISCAL IMPACT: The expenditures under Agreement No. 24-032-NS in the not-to-exceed amount of $4,220,000 are budgeted in the Collier County Water-Sewer District Operating Fund (4008), the Water Capital Project Fund (4012), and the Wastewater Capital Project Fund (4014). GROWTH MANAGEMENT IMPACT: This item meets current Growth Management Plan standards to ensure the adequacy and availability of viable public services and to remain in compliance with all regulatory requirements. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. —SRT RECOMMENDATIONS: That the Board, acting as ex-officio the Governing Board of the Collier County Water- Sewer District, authorize an increase in expenditures for the single source purchases of Odor Control Products and Services from Evoqua Water Technologies LLC, and approve the First Amendment to Agreement No. 24-032-NS, "Odor Control Products and Services," by increasing the authorized annual estimated expenditures under the agreement by $1,720,000 for a not-to-exceed amount of $4,220,000 per Fiscal Year, removing and adding item to the agreement, provide clarification language regarding additional items and possible tariff reimbursements, and authorize the Chair to sign the attached amendment. PREPARED BY: Robert Von Holle, Director, Wastewater Division ATTACHMENTS: 1. 24-032 NS Evoqua First Amendment VS 2. Evoqua_increase_explanation 2025 upd 3. 25-013-WVR1 Evoqua_Increase_SS Pending BCC 4. 24-032NS_Contract_Evoqua 5. 24-032 NS COI Page 2911 of 6526 Page 2912 of 6526 Page 2913 of 6526 Page 2914 of 6526 Page 2915 of 6526 Page 2916 of 6526 Evoqua – 2025 Increase Justification: • The original contract was based almost solely on Collections past expenditures, we have not requested an increase as the current limits to cover our anticipated annual spending. • Due to the aging odor control systems and higher odor control demands, we are in process of rehabilitating our systems, in order to meet the needs of the system. Additionally, we are working toward utilizing other odor control chemicals which are currently not in use at this time. • Due to increases in Flow and Strength of wastewater causing increase in odor control chemical demand. • Misc. pumps/motors and parts for odor control systems and other processes to keep plant in compliance. • Anticipated Additional Spend for South Collier Water Reclamation Facility (SCWRF) Page 2917 of 6526 Waiver Request Form WAIVER REQUEST FORM Revised September 2025 Page 1 of 4 Instructions The Procurement Ordinance, Section Twelve, Subsection 3, Waiver to the Competitive ProcessGH¿QHVSingle Source procurement and eligibility. Complete this form for purchases greater than $10,000 and provide the supporting documentation to the Procurement Services Division. Waiver requests greater than $250,000 will require approval by the Board of County Commissioners. Complete all sections of this form prior to submitting it to Procurement. Definition: Single Source commodities or contractual services that are available only from a single source or the use of such source is both economically and operationally in the County's best interest. Single source commodities or contractual services must be available only from contractors/vendors/consultants who are uniquely qualified. Disclaimer: Waivers are not active until the Procurement Services Division Director or designee approves the request or the requested start date, whichever is later. Additionally, if a contract agreement is in place, the start and end dates will follow the agreement. Waivers that require review by the Board of County Commissioners are not active until Board approval is received. No purchase order requests will be processed until formal approval has been received. Submit Waiver requests to Procurement Services via the Jira Ticketing System. SECTION ONE Division: Requested Not-to-Exceed Expenditure Per FY: Vendor Corporate Name: Summary of Item(s)/Service(s): SECTION TWO One-Time Purchase Multiple Purchases Is there an agreement associated with this waiver? (Provide vendor Terms and Conditions including those contained in hyperlinks.) Yes No If yes, attach documentation. Quote/Proposal: If Yes, attach. Yes No Price List/ Fee Schedule: If Yes, attach. Yes No SECTION THREE Detailed Description of Purchase:Enter a description of the item(s) that will be purchased under this waiver. Wastewater $4,220,000 Evoqua Water Technologies, LLC Odor Control Products and Services (see Section Three) ✔ ✔ ✔✔ The Evoqua Water Technologies odor control systems are identified in the Utilities Standards Manual for installation at Master Pump Stations, Submaster Pump Stations and Wastewater/ Water Treatment Facilities. The systems, supporting chemicals, components and services such as Evoqua's federally registered trademarked Envirex and Davco brands Rim-Flo and Tow-Bro Circular Clarifiers, Chain and Scrapers Systems, Rotating Biological Contractors, Gravisand Traveling Bridge Filters, Oxidation Ditch Aerators (Orbal), VoCarb, MIDAS, RJMC, AKTIVOX, Perox-Plus, BIOGLAS, ZABOCS, WHISPER Biofilters, including Biofilter Nutrient 8-2-8. LIQUID PHASE: ODOPHOS Iron Salts, ODOPHOS PLUS Iron Salts Alkaline, ALKAGEN Solutions, BIOXIDE Solutions, BIOXIDE-AQ Solutions, BIOXIDE AE Solutions, BIOXIDE Plus 71 Solutions Oxidizers, VX-456 Mixed Oxidant Solutions, Above Ground, Under Ground, Turnkey Installation, Link2Site, VersaDose Controller Instrumentation, Remote Monitoring, LO/PRO, BTF (Bio-Trickling Filters), CAP Carbon Absorbers. Page 2918 of 6526 WAIVER REQUEST FORM Revised September 2025 Page 2 of 4 Detailed Public Purpose: Include why this purchase is essential to County operations. SECTION FOUR Information Technology. Select Yes if the products/services are related to Information Technology. If yes, provide the Purchasing Compliance Code (PCC) number and email approval documentation. Yes No If yes, provide the PCC#: SECTION FIVE Justification: Identify the criteria that qualifies this purchase as a single source. Check all that apply: (if a box is checked, make sure to provide an explanation below) Ƒ Only Authorized Vendor or Distributor: This vendor is the only vendor authorized to sell this product/service. Explain below and provide documentation from the manufacturer confirming claims made by the distributors. Ƒ No Comparable Product or Service: There are no other vendor(s) who can provide a similar product/service, regardless of cost, convenience, timeliness, etc. Ƒ Proprietary: Provide a detailed explanation below on how its use is restricted by patent, copyright, or other applicable laws and provide documentation validating that claim. Ƒ Standardization: Product/service is part of a purchase that the County has already standardized on. Date of BCC Standardization: BCC Agenda Item: Ƒ Other Factors: The purchase is both economically and operationally in the County’s best interest. Explain below. Explain: How does this purchase meet the identified single source criteria checked above? Will this purchase obligate the County to future ancillary products or services, either in terms of maintenance or standardization? Yes No If Yes, explain what types. Odor Control Units and Odor Complaint Legislation: Requires compliance of F.A.C 62-604 (Level 2) addressing reasonable assurance that a facility will be designed and located to minimize adverse effects resulting from odors. Provides that all Odor Control Units and Odor Complaints be submitted, and areas identified for remediation will proactively address customer complaints and stay in compliance with Department of Environmental Protections regulatory standards. Not following these previsions can result in fines and sometimes can place consent orders on manciple entities. The Evoqua Water Technologies odor control systems are identified in the Utilities Standards Manual for installation at Master Pump Stations and Submaster Pump Stations. These odor control systems have also been installed at some smaller pump stations in order to resolve odor issues. The system has two stages, the first stage is a biofilter to remove most of the odors. The second stage uses an activated carbon filter and continues to remove organic compounds that passed through the first stage. There are two main types of wastewater clarification: primary and secondary. Primary clarification removes solids prior to biological treatment. Secondary clarification follows the biological treatment process with the main goal of rapidly returning activated sludge. Evoqua offers a variety of wastewater clarification technologies for primary and secondary treatment. Rim-Flo circular clarifiers introduce feed at the periphery of tankage to increase treatment capacity and collect sludge with Tow-Bro hydraulic sludge removal system. The Envirex Chain & Scraper system from Evoqua includes high-strength non-metallic chain and durable flights to scrape sludge along the floor and skim floating solids. Gravisand filtration system technology incorporates the principles and advantages of conventional bridge designs but uses improved methods of accomplishing and maintaining filtration and regeneration. Gravisand Systems are a favorite among wastewater treatment plant operators because of their exceptionally low life-cycle costs and their legendary effectiveness in wastewater applications. Gravisand filtration systems are ideal for use after suspended growth systems, for tertiary polishing and water reclamation, and algae removal with appropriate configuration. The RBC attached growth process consists of a large disc with radial and concentric passages rotating in a concrete or steel tank. 40% of the media surface area provided for biological growth is submerged in wastewater. The 12-foot diameter unit rotates every 40 seconds. The frequent rotation into wastewater and subsequent exposure to atmospheric oxygen delivers the food, oxygen and mixing needed for attached growth organisms to multiply and thrive. This large, active population logical degradation of organic pollutants. Excess biomass shears off at a steady rate and is carried through the system for removal in a clarifier. ✔ ✔ ✔ ✔07/10/2018 17D The Evoqua odor control systems received Board approval for Standardization on July 10, 2018 (Agenda Item 17D) and most of the items are identified in the Utilities Standards Manual for installation at Master Pump Stations, Submaster Pump Stations, and Wastewater/Water Treatment Facilities, included in the County Approved Products List (Appendix F) in the Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E, and BCC meeting March 11, 2025, item 16.C.3, and Amended Resolution No. 2025-067 adopted March 25, 2025, item 17.G). Items that have not been formally added to Appendix F are proprietary to Evoqua and continue to be used throughout the plants. Evoqua Water Technologies is a leading provider of water and wastewater treatment solutions, offering a broad portfolio of products, services, and expertise to support municipal customers. ✔ Replacement parts, equipment, maintenance items, and certified services. Page 2919 of 6526 WAIVER REQUEST FORM Revised September 2025 Page 3 of 4 How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via Procurement or if there is a historical precedence established for the use of the product, please explain purchase, and use history and the current level of County investment in the product. Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive solicitation. :KDW DUH WKH EHQH¿WV IURP WKH FRQWLQXHG XVH" $UH WKHUH FRVWV WKDW ZRXOG EH LQFXUUHG LI D GLႇHUHQW vendor/product was used? What would occur if another brand/vendor was used? Explain how the pricing compares to other vendors/products and is it considered to be fair and reasonable. Provide information of historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for addressing the needs via an alternate approach. Market research and market alternatives. When was the last time a market evaluation was performed to determine if HLWKHUWKHWHFKQRORJ\RUYHQGRURႇHULQJVKDYHFKDQJHG"%DVHGRQWKHOLIHH[SHFWDQF\RIWKHSURGXFWZKHQGR\RX anticipate evaluating the market again? Attach a detailed market evaluation report if the complexity, duration, and dollar amount of the purchase will be a high risk to the County. Evoqua has proprietary products and proven results. Evoqua is proven to have the capabilities to deliver products and services in critical moments to keep in compliance with regulatory departments. The Evoqua odor control systems received Board approval on July 10, 2018 (Agenda Item 17D) and are identified in the Utilities Standards Manual for installation at Master Pump Stations and Submaster Pump Stations, County Approved Products List (Appendix F) in the Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E, and BCC meeting March 11, 2025, item 16.C.3, and Amended Resolution No. 2025-067 adopted March 25, 2025, item 17.G). The life expectancy of the Evoqua Water Technologies products has demonstrated to be the best for our cost savings and delivering sustainable products. To meet our regulatory standards to stay in compliance with Florida statutes, the Evoqua Water Technologies systems have been standardized and proven. It would cost the County millions of dollars to change out the equipment, causing redesign, staff training and potentially causing odor control issues and health concerns throughout the community. The Wastewater and Water Division is dedicated to providing the highest quality wastewater and treatment at the most reasonable cost to all residents residing in Collier County serviced by our government. It operates and maintains two regional water reclamation facilities with a total treatment capacity of 40.1 million gallons per day (mgd), two sub-regional wastewater treatment facilities with a total capacity of 2.5 mgd, and provides wastewater services to over 70,000 service connections, over 900 stations and over 500 miles of underground utilities. Evoqua offers the same pricing to all agencies in Florida. Some of the items could be purchased through continued use of a piggyback, however, staff feel it is beneficial to have a single contract in place with Evoqua to cover all items that the County purchases from Evoqua. Most of the products are identified in the Utilities Standards Manual for installation at Master Pump Stations and Submaster Pump Stations, County Approved Products List (Appendix F) in the Board Approved Collier County Water-Sewer District Utility Standards Manual under Ordinance 2018-36 (BCC meeting July 10, 2018, items 17.D and 17.E, and BCC meeting March 11, 2025, item 16.C.3, and Amended Resolution No. 2025-067 adopted March 25, 2025, item 17.G). Items that have not been formally added to Appendix F are proprietary to Evoqua and continue to be used throughout the plants. Staff cannot justify the expense and risk to the community health and safety to use a different vendor. Page 2920 of 6526 WAIVER REQUEST FORM Revised September 2025 Page 4 of 4 SECTION SIX Requester: Signature: Division Director: Signature: Department Head (Required if over $250,000): Signature: Procurement Strategist: Signature: Procurement Director or Designee: Signature: PROCUREMENT USE ONLY Historic Spend: Additional Commentary: P-Card PO Attached Documents Single Source Letter Designation Non-Contract Waiver #: Start Date: End Date: Contract Waiver #: Contract #: Start Date: End Date: Contingent Upon Board Approval: Yes No BCC Agenda Item: Approval Date: Chris Farris FarrisChristopher Digitally signed by FarrisChristopher Date: 2025.09.15 14:39:21 -04'00' Robert VonHolle VonHolleRobert Digitally signed by VonHolleRobert Date: 2025.09.15 15:04:56 -04'00' James DeLony DeLonyJim Digitally signed by DeLonyJim Date: 2025.09.16 11:44:23 -04'00' Radoslava Edreva EdrevaRadoslava Digitally signed by EdrevaRadoslava Date: 2025.09.18 14:27:00 -04'00' Sandra Srnka SrnkaSandra Digitally signed by SrnkaSandra Date: 2025.09.18 14:33:31 -04'00' FY22 $1,418,292 FY23 $1,955,091 FY24 $2,570,475 FY25 $2,113,597 YTD spent FY25 $2,470,243 YTD Encumbered ✔ This will replace 25-013-WV for $2,500,000 exp 9/30/29 upon Board approval. ✔ ✔ N/A N/A N/A 25-013-WV R1 24-032-NS BCC Approval 9/30/2029 ✔ Page 2921 of 6526 Evoqua – 2025 Increase Justification: • The original contract was based almost solely on Collections past expenditures, we have not requested an increase as the current limits to cover our anticipated annual spending. • Due to the aging odor control systems and higher odor control demands, we are in process of rehabilitating our systems, in order to meet the needs of the system. Additionally, we are working toward utilizing other odor control chemicals which are currently not in use at this time. • Due to increases in Flow and Strength of wastewater causing increase in odor control chemical demand. • Misc. pumps/motors and parts for odor control systems and other processes to keep plant in compliance. • Anticipated Additional Spend for South Collier Water Reclamation Facility (SCWRF) Page 2922 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345-3982 Fax: +1 (941) 359-7895 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: AKTIVOX® SOLE SOURCE To Whom It May Concern: Evoqua is pleased to provide the following information regarding our AKTIVOX® odor control product: AKTIVOX is a unique, buffered formulation containing 25% active sodium chlorite solution designed to yield a sustained release of chlorine dioxide to control odor-causing sulfides and related oxidizable compounds in industrial and municipal wastewater systems. AKTIVOX is a selective oxidant with specificity to sulfides and related organic odor causing compounds. AKTIVOX does not form chlorinated organics, and is fast-reacting. Non-buffered sodium chlorite solution would not provide the speed of reaction nor the specificity to sulfide and related odor compounds needed for wastewater odor control. The unique AKTIVOX formulation is proprietary to Evoqua for use in wastewater odor treatment. Evoqua Water Technologies LLC is the sole source provider of AKTIVOX odor control product for wastewater odor control applications. Related services that we offer to our customers are provided under the Full Service Odor Controlsm program. AKTIVOX is a trademark of OxyChem and Full Service Odor Controlsm is a service mark of Evoqua. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2923 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 May 9, 2025 Collier County 3339 Tamiami Trail E Naples FL 34112 RE: SOLE SOURCE FOR ALKAGEN AQ SOLUTION To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider of ALKAGEN AQ SOLUTION. Related services that we offer to our customers are provided under the Full Service Odor Controlsm program. ALKAGEN AQ is a proprietary technology of Evoqua Water Technologies LLC. Evoqua is the sole provider of this product and technology. Purchase of ALKAGEN AQ allows the County a license to practice the technologies as described in US Patent Nos: 5,385,842, 5,500,368 and other patents pending. Should you have any questions or require additional information, please feel free to contact me at (941) 398-5301 or via email at eric.c.hansen@xylem.com. Sincerely, Evoqua Water Technologies LLC Eric Hansen Eric Hansen Technical Sales Representative Page 2924 of 6526 2650 Tallevast Road Sarasota, FL 34243 USA Tel: +1 (800) 345-3982 Fax: +1 (941) 359-7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: SOLE SOURCE BIOGLAS® AND FACTORY ZABOCS® SERVICE To Whom It May Concern: Evoqua Water Technologies LLC is the sole source OEM provider of service, parts and repair contracts on our line of biofilter systems. This includes the ZABOCS® and WHISPER® lines manufactured exclusively at our facilities. We maintain dedicated, experienced and certified service staff for this purpose. A license to use BIOGLAS® products and ZABOCS® is included with the product sale. Patents that cover aspects of the use of these products include, but are not necessarily limited to, United States Patent No. 7,276,366 and other patents pending. BIOGLAS, WHISPER, ZABOCS and Full Service Odor Control are trademarks of Evoqua Water Technologies LLC. If you require any additional questions, please do not hesitate to contact me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2925 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: SOLE SOURCE BIOXIDE PLUS 71 To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider of Bioxide Plus 71. The purchase of Bioxide Plus 71 product from Evoqua constitutes an implied license to practice the processes described in United States Patents #7,553,420B2, #7,779,224 B2, and #7,186,341B2. Bioxide is a registered trademark of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2926 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: BIOXIDE PRODUCTS LICENSE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider of Bioxideproducts (Bioxide, Bioxide-AQ, Bioxide AE, Bioxide Plus 71 and AQUIT solutions). Evoqua is also the sole source provider of the Versadose, Versadose LT and Link2Site web services for tank, H2S and dose monitoring. Related services that we offer to our customers are provided under the Full Service Odor Controlsm program. A license to use Bioxide products is included with the product sale. Patents that cover aspects of the use of Bioxide products include, but are not necessarily limited to, United States Patent Nos. 6,309,597, 7,087,172, 7,186,341 B2, US 7,779,224 B2, US 7,799,215 B2 and 7,553,420 B2. A license to use Versadose LT in conjunction with Link2Site is included with the product sale when used to dose our Bioxide products under United States Patent No. 7,905,245 B2. Versadose, Versadose LT, Link2Site, Bioxide, Bioxide-AQ, Bioxide AE, Bioxide Plus 71, AQUIT and Full Service Odor Control are trademarks of Evoqua Water Technologies LLC. If you require any additional questions, please do not hesitate to contact me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2927 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: CAP CARBON ADSORBERS AND MIDAS® OCM SOLE SOURCE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the Original Equipment Manufacturer of the Cap Series Carbon Adsorbers and the Midas® Odor Control Media. Evoqua Water Technologies is the only producer / supplier of the Cap Carbon Adsorber and this unique media. Midas is a trademark of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2928 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE:LO/PRO® SCRUBBER SERVICE To Whom It May Concern: Evoqua Water Technologies LLC is the only factory trained and authorized provider of service contracts on our line of odor control scrubber systems. This includes the LO/PRO® wet scrubber lines manufactured exclusively from our San Diego, CA facility. LO/PRO is a registered trademark of Evoqua Water Technologies LLC. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2929 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: MIDAS® CARBON ADSORBERS AND MIDAS® OCM SOLE SOURCE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the Original Equipment Manufacturer of the Midas® Series Carbon Adsorbers and the Midas® Odor Control Media. Evoqua Water Technologies is the only producer / supplier of the Cap Carbon Adsorber and this unique media. Midas is a trademark of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2930 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: MIDAS® OCM SOLE SOURCE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the Original Equipment Manufacturer of Midas® Odor Control Media. Evoqua Water Technologies is the only producer / supplier of this unique media. Midas is a trademark of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2931 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: ODOPHOS® PLUS SOLE SOURCE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider of Odophos® Plus. Related services that we offer to our customers are provided under the Full Service Odor Controlsm program. Odophos® Plus and Full Service Odor Controlsm are trademarks of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2932 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: ODOPHOS® SOLE SOURCE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider of ODOPHOS®. Related services that we offer to our customers are provided under the Full Service Odor Controlsm program. Odophos® and Full Service Odor Controlsm are trademarks of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2933 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: SOLE SOURCE OF PEROX-PLUSTM GRANULAR HYDROGEN PEROXIDE To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider of Perox-PlusTM granular hydrogen peroxide. Perox-PlusTM granular hydrogen peroxide is not available through any other company or distributor. If you require any additional questions, please do not hesitate to contact me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2934 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 20, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: RJMC CARBON ADSORBERS AND MIDAS® OCM SOLE SOURCE LETTER To Whom It May Concern: Evoqua Water Technologies LLC is the Original Equipment Manufacturer and Sole Source provider of the RJMC Series Carbon Adsorbers and the Midas® Odor Control Media. This includes the complete RJMC carbon systems, which also includes parts, media replacement, and service. Midas is a trademark of Evoqua Water Technologies LLC. Thank you again for this opportunity to allow Evoqua to assist you in supplying your odor control needs. If you have any questions or need additional information, please contact me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services . Page 2935 of 6526 N19 W23993 Ridgeview Parkway. Suite 200 Waukesha, WI 53188 USA Tel: +1 (262) 547-0141 Fax: +1 (262) 547-4120 Page 1 of 1 To: Collier County Clinton Monpas 10500 Goodlette-Frank Rd NAPLES, FL 34109 Date: May 19, 2025 Subject: Sole Source Letter from Evoqua Water Technologies To whom it may concern: This is to confirm that Evoqua Water Technologies is the sole source for EnvirexTM, Jet- TechTM, DavcoTM and AquaLaterTM systems. We are the OEM and retain all the drawings and proprietary rights to contract products supplied by the above brands at your treatment plants. Rim-Flo and Tow-Bro Circular Clarifiers, Chain and Scrapers Systems, Rotating Biologial Contactors, Gravisand Traveling Bridge Filters, Oxidation Ditch Aerators (Orbal) are among the products marketed and sold under EnvirexTM and DavcoTM brands. Heyward Flordia is the sole representative in this area. No one else is authorized to sell, solicit or manufacture our products in your area. If you should have any questions regarding this matter, please feel free to contact me. Sincerely, Govardhan Katta Territory Manager – Southeast Xylem/Evoqua Water Technologies N19 W23993 Ridgeview Parkway Suite 200 Waukesha, WI 53188 Tel. 1+ (262) 521-8350 Mobile 1+ (414) 807-3026 Page 2936 of 6526 2650 Tallevast Road Sarasota, FL 34243 USA Tel: +1 (800) 345-3982 Fax: +1 (941) 359-7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: VOCARB® 36C CARBON SOLE SOURCE To Whom It May Concern: VoCarb® 36C Carbon is a unique product that is designed for the removal of hydrogen sulfide and other odorous compounds found in typical wastewater applications. VoCarb® 36C is a registered trademark of Evoqua Water Technologies LLC. Evoqua Water Technologies is the sole provider of VoCarb® 36C carbon media. If you require any additional questions, please do not hesitate to contact me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2937 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345-3982 Fax: +1 (941) 359-7895 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: VX 456® SOLE SOURCE LETTER To Whom It May Concern: VX 456® is a proprietary mixed oxidant product designed to remove and control malodors in waste streams. VX 456 reacts rapidly with sulfides and other odor-causing compounds commonly found in wastes and continues to control odors for an extended period of time (up to 72 hours). VX 456 does not contribute to solids formation and does not interfere with further processing of waste. VX 456 contains selective oxidants with specificity to sulfides and related organic odor causing compounds. VX 456 does not form chlorinated organics, is fast- reacting, and has long duration control. VX 456 is proprietary to Evoqua for use in wastewater odor treatment. U.S. Patent 5,984,993 applies to the use of VX 456. Evoqua Water Technologies LLC is the sole source provider of VX 456® products for wastewater odor control applications. A license to use VX 456®solution is included with the product sale. Patents that cover aspects of the use of VX 456 products include, but are not necessarily limited to, United States Patent No. 5,984,993. VX 456 is a trademark of OxyChem. If you require any additional questions, please do not hesitate to contact me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2938 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 May 9, 2025 Collier County 3339 Tamiami Trail E Naples FL 34112 RE: SOLE SOURCE OF WHISPER® BIOFILTERS To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider and manufacturer of the Whisper line of biofilters. This includes the complete biofilter systems which also includes parts, media replacement, Biofilter Nutrient 8-2-8, and service. Whisper biofilters are not available through any other company or distributor. Should you have any questions or require additional information, please feel free to contact me at (941) 398-5301 or via email at eric.c.hansen@xylem.com. Sincerely, Evoqua Water Technologies LLC Eric Hansen Eric Hansen Technical Sales Representative Page 2939 of 6526 2650 Tallevast Rd. Sarasota, FL 34243 USA Tel: +1 (800) 345 3982 Fax: +1 (941) 359 7985 Page 1 of 1 June 19, 2025 Collier County 3339 Tamiami Trail E Naples, FL 34112 RE: SOLE SOURCE OF ZABOCS® BIOFILTERS AND BIOTRICKLING FILTERS AND WHISPER® BIOFILTERS AND BIOTRICKLING FILTERS To Whom It May Concern: Evoqua Water Technologies LLC is the sole source provider and manufacturer of the Whisper line of biofilters, Whisper biotrickling filters, ZABOCS® line of biofilters and ZABOCS® biotrickling filters. This includes the complete biofilter systems which also includes parts, media replacement, and service. Whisper biofilters, Whisper biotrickling filters, ZABOCS biofilter and ZABOCS biotrickling filters are not available through any other company or distributor. If you have any questions, please do not hesitate to call me at (941) 248-5405. Sincerely, Evoqua Water Technologies LLC Fitz Moles Fitz Moles Sales Director | Utility Services Page 2940 of 6526 Notice of Recommended Designate of Sole/Single Source Notice of Intent Name Posting Date Due Date Responses Vendor Name Recommendation Manufacturer Name Vendor/Provider Name Approved Signatures Procurement Services Director: Page 2941 of 6526 Page 2942 of 6526 Page 2943 of 6526 GENERAL SERVICE AGREEMENT NON-SOLICITATION) 24-032-NS for Odor Control Products and Services THIS AGREEMENT, made and entered into on this 2.-1 day of 1-1U10S4- 20 24 , by and between Evoqua Water Technologies LLC authorized to do business in the State of Florida, whose business address is 210 Sixth Avenue, Suite 3300, Pittsburgh, PA 15222 the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a five 5 ) year period, commencing or on October 1, 2024 and terminating on five ( 5 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. additional the end of the Agreement term then in effect. and eighty (180) days. The County Manager, or his designee, shall give the Contractor 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a I I Purchase Order I I 3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance with the terms and conditions of this Agreement, AI Exhibit A — Scope of Services, attached to this Agreement IUI Exhibit B — Fee Schedule, attached to this Agreement and made an integral part of this Agreement. Services/products acquired through this Agreement have been authorized through the approval of a II•I Single/Sole Source Waiver, I I I I Other: Page 1 of 18 General Service Agreement Non-Solicitation 2024_ver.l] Page 2944 of 6526 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. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. Section 4.1. Payment w+41 be + adc Aet227. Ill The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of Two Million Five Hundred Dollars 2,500,000.00 per County fiscal year, based on units/services furnished per Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". II estimated maximum amount of per County fiscal year, based on units/services furnished pursuant as the "Local Gover 4.1 Price Methodology (as selected below): II a business practice there arc no is-au t-tarized-: Page 2 of 18 General Service Agreement Non-Solicitation 2024 ver.l], CAO Page 2945 of 6526 01 Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. III Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 45 n must be approved in advance in writing by the County. TraNvel expenses shall be rates Weage per-- it e Breakfast 41--90 ginner 49:8 Rental car vehicles Page 3 of 18 General Service Agreement Non-Solicitation 2024_ver. Page 2946 of 6526 items will be paid only after Contractor has provided all receipts. Contractor shall be 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 # 85-8015966531C. 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: Evoqua Water Technologies LLC Address: 2650 Tallevast Rd Sarasota, Florida 34243 Authorized Agent: Attention Name & Title: Eric Hansen Telephone: 951) 326-7415 E-Mail(s): Eric.C.Hansen©evoqua.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Robert VonHolle Division Name: Wastewater Division Address: 3339 Tamiami Trail East Naples, Florida 34112 Administrative Agent/PM: Frank Inzano, Manager Telephone: 239) 252-2597 E-Mail(s): Frank.Inzano©colliercountyfl.gov Page 4 of 18 General Service Agreement Non-Solicitation 2024_ver.I] CAO Page 2947 of 6526 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 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Page 5 of 18 General Service Agreement Non-Solicitation 2024_ver.1] CAO Page 2948 of 6526 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. 10 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. s- I Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $each I Fr I I o ag°e have minimum limits of$ per claim. G- ee' ra,fe-shall have minimum limits of$ per claim. I: I I Coverage shall Special Requirements: Collier County Board of County Commissioners, OR, Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Page 6 of 18 General Service Agreement Non-Solicitation 2024_ver.I]/ Page 2949 of 6526 Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Utilities Wastewater Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. Page 7 of 18 General Service Agreement Non-Solicitation 2024_ver.1] CAO Page 2950 of 6526 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: U Insurance Certificate(s), I I Exhibit A Scope of Services, E Exhibit B Fee Schedule, n subsequent quotes, and n Other Exhibit/Attachment: Addendum to Collier County's PO Terms and Conditions 17. APPLICABILITY. Sections corresponding to any checked box ( Ill ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestCc colliercountvfl.gov Page 8 of 18 General Service Agreement Non-Solicitation 2024_ver.1] CAo Page 2951 of 6526 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any Application for Payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any 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 opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed Page 9 of 18 General Service Agreement Non-Solicitation 2024_ver.1] CAO Page 2952 of 6526 within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, 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 of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. I I 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. 25. WAR A AITV will be of satisfactory material and quality production, free from defects, and sufficient for the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, DecuPaents7 conformance with the Contract Documents, Contractor shall correct it promptly after Page 10 of 18 General Service Agreement Non-Solicitation 2024_ver.1] CAO Page 2953 of 6526 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. n 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 to 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. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. Page 11 of 18 General Service Agreement Non-Solicitation 2024_ver.1] ;F. Page 2954 of 6526 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. persons will be utilized in the performance of the Agreement. The Contractor shall assign es on a timely basis,and each person c,r better qualifications personnel. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35.ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, Page 12 of 18 General Service Agreement Non-Solicitation 2024_ver.1] CAO Page 2955 of 6526 and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n precedence over the Agreement. To the extent any conflict in the terms of the Contract obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(c 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 there are additional fees for this process, the Contractor is responsible for all costs. Page 13 of 18 General Service Agreement Non-Solicitation 2024_ver.I]C Page 2956 of 6526 38. IN SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. Remainder of page intentionally left blank-signature page to follow) Page 14 of 18 General Service Agreement Non-Solicitation 2024 ver.1] CAO Page 2957 of 6526 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: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller By: c:14By: st as to Chairman's Chri all Chairman Dated: 1 c y- Signature only SEAL) Contractor's Witnesses: Evoqua Water Technologies LLC Contractor By: A tractor's FiritWitrtess--=') Signature 001- -2 l0;Alas c c , /P Ass islze,l ,Secrctrty"t 4LL--Ce)g TType/print signature and title tType/print witness nameT Cont ctor's Se and Witness 0 2er6 TType/print witness nameT pr%v,d as F rm and Legality: County Attorney Print Name Page 15 of 18 General Service Agreement Non-Solicitation 2024_ver.1] Page 2958 of 6526 Exhibit A Scope of Services ii following this page (pages 1 through 5 ) this exhibit is not applicable Page 16 of 18 General Service Agreement Non-Solicitation 2024 ver.l Page 2959 of 6526 EXHIBIT A SCOPE OF SERVICES 1.Liquid Phase Odor Control Services 1.1 Equipment Scope As part of the Odor Control Program,Evoqua shall supply all feed equipment required for the safe application of odor control chemicals at those sites deemed necessary to achieve the previously listed treatment objectives. Standard feed equipment offering includes: Chemical Storage Tank(adequately sized) Tank Level Monitor Chemical Feed/Calibration System Chemical Metering Pump(s)(adequately sized) All necessary piping/fittings to complete equipment install. Evoqua Water Technologies retains ownership of all provided equipment. Evoqua will maintain spare parts for the equipment for emergency replacement. 1.2 County Requirements The County shall be responsible for providing all utility services for the odor control equipment provided by Evoqua. This includes, but is not limited to,electrical,water and sewer services. The County shall be responsible to make any necessary changes to the installation or control points such as forcemain taps, wet well penetrations, concrete pads, fencing, etc. The County shall also be responsible for site security and maintenance of fencing and obtaining right of way for delivery truck access. 1.3 Preventative Maintenance The Odor and Corrosion Control Program will include routine and emergency service.An Evoqua service technician will review the Link2Site website daily for equipment operation and visit the sites as needed to perform any required maintenance on equipment, optimize chemical dosing, conduct compliance sampling and provide a written report monthly. On-site routine maintenance service will include the following: Daily review of Link2Site Website for verification of proper equipment operation Check the equipment for proper operation Perform scheduled preventative maintenance on equipment Repair or replace any needed parts or equipment Submit a written report outlining services and observations during the routine service visit In addition to routine service,Evoqua will respond to any emergency or odor complaint notification received within six(6)hours of its receipt of such notification. Page 1 of 4 Exhibit A— Scope of Services CAO Page 2960 of 6526 1.4 Monitoring Services The Control points that have a liquid sulfide goal shall be tested for compliance with the established odor control goal criteria a minimum of one time monthly. Analytical methods shall include the following: Parameter Procedure Liquid Phase Monitoring Total Sulfide Std. Methods 4500-S2- D. Methylene Blue Dissolved Sulfide Std. Methods 4500-S2- using pre-flocculation to remove insoluble sulfides pH Combination glass electrode Temperature NIST calibrated thermometer 1.5 Liquid Phase Odor Control Pricing Biological and chemical products are provided on a unit price basis. All product prices in this section include delivery, application equipment, maintenance, technical evaluation support/service, and technology licenses. See Table 1 —Biological/Chemical Products on Exhibit B- Fee Schedule for pricing. 2. Vapor Phase Odor Control Products 2.1 Equipment Scope As part of the Odor Control Program, Evoqua can supply the following Vapor Phase Odor Control Products: ZABOCS® Hybrid Biological Odor Control Units MIDAS® OCM Carbon Odor Control Units LOPRO® Chemical Scrubber Odor Control Units BTF Bio-trickling Odor Control Scrubbers 2.2 County Requirements The County shall be responsible for providing all facets of of offloading, installation, site preparation, Utilities, startup and all ongoing operation. 2.3 Vapor Phase Equipment Pricing Should the need arise for new Vapor Phase equipment within the program, Evoqua is pleased to offer the County the following pricing for modular odor control systems. See Table 2—Vapor Phase Products on Exhibit B- Fee Schedule for pricing. 2.4 Odor Unit Consumables See Table 3- Consumables, on Exhibit B- Fee Schedule for pricing. Page 2 of 4 Exhibit A- Scope of Services CAo Page 2961 of 6526 2.5 Additional Services Pricing Additional services required under this Agreement will be provided on a per hourly rate basis. See Table 4- Service Labor Pricing on Exhibit B—Fee Schedule for pricing. 2.6 Odor Unit H2S Monitoring Equipment Shall include odor unit hydrogen sulfide monitoring equipment. See Table 5- Order Unit Monitoring Pricing on Exhibit B- Fee Schedule for pricing. 3.Price Modifications 3.1. Any requested adjustment shall be fully documented and submitted to the County no less than thirty 30)days prior to the contract anniversary date. For services,Price increases shall not exceed the 12-month Producer Price Index Commodity data for Final demand Construction for Government,not seasonally adjusted(Series ID: WPUFD432) as published by the U.S. Bureau of Labor Statistics. For chemicals,Price increases shall not exceed the 12-month Producer Price Index Commodity data for Other miscellaneous chemical product manufacturing, not seasonally adjusted(Series ID: PCU325998325998)as published by the U.S. Bureau of Labor Statistics. Retroactive price adjustments are not authorized. All requests must be submitted to the County Representative or designee. Any approved cost adjustments shall become effective as of the anniversary date or upon Procurement Director/Board approval. Contractor shall provide supporting documentation justifying price increases(examples: Contractor's material agreements, distributor invoices,proof of fuel increases, etc.). County Representative or designee shall analyze prices to determine if increases are fair and reasonable using the following methods: price competition(reviewing competitive bids or offers), market prices, historical prices, or independent estimates. Contractor shall continue to fill all purchase orders received at the current agreement prices during the review process. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance, as amended. The bid tabulation shall be modified with the price increases, or an amendment process as required, and uploaded into the County's Finance system. Price increase requests are not guaranteed. If approved,the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. The County may, after examination, refuse to accept the adjusted costs if they are not properly documented, considered excessive, or if decreases are deemed insufficient. In the event the County does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the County, a contract termination will have to be processed. Page 3 of 4 CPO Exhibit A - Scope of Services Page 2962 of 6526 4.Additional Items Additional items may be added at any time with mutual agreement by the Vendor and the County. 5. Warranty The Vendor warrants the Work, or any components thereof, for twelve(12)months, upon County's acceptance of start-up. Page 4 of 4 CAO Exhibit A- Scope of Services Page 2963 of 6526 Exhibit B Fee Schedule 0 following this page (pages 1 through 1 ) Li this exhibit is not applicable Page 17 of 18 General Service Agreement Non-Solicitation 2024_ver. ]CAO Page 2964 of 6526 EXHIBIT B FEE SCHEDULE Table 1 - Biological/Chemical Products ITEM# DESCRIPTION PRICE 1 Bioxide 3.37/gallon 2 Bioxide Plus 71 4.57gallon 3 Bioxide AE 3.55/gallon 4 Odophos 1.76/gallon 5 Odophos Plus 2.37/gallon 6 Ferric Sulfate (9%) 2.41/gallon 7 50% Hydrogen Peroxide 0.55/Ib 8 VX-456 (Bulk Tanker) 1.62/Ib 9 VX-456 (Tote) 2.09/Ib 10 Aktivox (Full Truck) 1.24/Ib 11 Aktivox (Partial Load)1.49/Ib 12 Perox Pus 4.15/Ib 13 Alkagen AQ 2.09/gallon These prices do not include any applicable taxes. New products/technologies shall be offered to the County as they become available. Table 2-Vapor Phase Products No. System Description Type Maximum Sale Price Airflow 1 ZB-30 Mini Biofilter 100 cfm 90,750 2 ZB-42 Mini Biofilter 200 cfm 96,150 3 ZB-54 Mini Biofilter 350 cfm 100,600 4 ZABOCS-4000 Biofilter 400 cfm 133,650 5 ZABOCS-5000 Biofilter 600 cfm 146,050 6 ZABOCS-6000 Biofilter 900 cfm 157,800 7 ZABOCS-7000 Biofilter 1,150 cfm 173,200 8 ZABOCS-7010 Biofilter 1,650 cfm 202,100 9 ZABOCS-7012 Biofilter 2,000 cfm 222,000 10 ZABOCS-7015 Biofilter 2,500 cfm 239,200 11 ZABOCS-7018 Biofilter 3,000 cfm 258,700 12 ZABOCS-7020 Biofilter 3,300 cfm 280,000 13 ZABOCS-7025 Biofilter 4,200 cfm 310,850 14 ZABOCS-8025 Biofilter 5,000 cfm 367,600 15 RJMC-0150 Carbon 100 cfm 103,400 16 RJMC-0200 Carbon 200 cfm 106,900 17 RJMC-0250 Carbon 300 cfm 113,050 18 RJMC-0300 Carbon 420 cfm 119,400 19 RJMC-0350 Carbon 600 cfm 131,150 20 RJMC-0400 Carbon 750 cfm 141,400 21 RJMC-0450 Carbon 950 cfm 154,950 22 RJMC-0500 Carbon 1,200 cfm 167,750 Page 1 of 2 CAO Exhibit B- Fee Schedule Page 2965 of 6526 Table 3—Consumables No. Description Unit Unit 1 VoCarb® P60 Supersack Lbs 3.25 2 VoCarb® P60 Bag Lbs 3.70 3 VoCarb®36C Supersack Lbs 2.25 4 VoCarb®36C Bag Lbs 2.70 5 MIDAS®C20 (coconut based) Supersack Lbs 6.75 6 MIDAS®C30 (coconut based) Supersack Lbs 7.75 7 MIDAS®OCM (coal based) Supersack Lbs 7.40 8 MIDAS®OCM (coal based) Bag Lbs 8.20 9 Biofilter Nutrient 8-2-8 (5-Drum Quantity) Gal 20.00 10 Biofilter Nutrient 8-2-8 ( 5-Gallon Minimum) Gal 30.00 11 Bioglas® Media Lbs 9.50 Pricing does not include any applicable taxes. New products/technologies shall be offered to the County as they become available. Table 4—Service Labor Pricing JOB TITLE FEE RATE (per hour) Project Engineer 175.00 Field Technician 155.00 Table 5—Odor Unit Monitoring Pricing No. Description Unit Unit 1 Acrulog 0-50 ppm Logger Each 2,850 2 Acrulog 0-200 ppm Logger Each 2,850 3 Acrulo 0-1000 ppm Logger Each 2,850 4 REM Sampling System Each 3,136 5 CEM Single Point Each 17,850 6 CEM Two Point Each 28,564 7 CEM Three Point Each 41,421 8 DiCom Perimeter Monitor Each 20,707 9 Acrulog Differential Pressure Logger Each 2,850 10 Acrulog IPX Logger Each 7,850 11 Acrulog PPB Logger Each 7,279 12 Acrulog Dilution Logger Each 8,707 13 Acrulog NH3 Logger Each 4,850 14 Acrulog Shelter Each 279 15 Calibration Gas Kit Each 564 Pricing does not include any applicable taxes. New products/technologies shall be offered to the County as they become available. Page 2 of 2 CAO Exhibit B- Fee Schedule Page 2966 of 6526 Other Exhibit/Attachment Description: Addendum to Collier County's Purchase Order Terms and Conditions following this page (pages 1 through 4 ) n this exhibit is not applicable Page 18 of 18 General Service Agreement Non-Solicitation 2024_ver.1 ''- CAO Page 2967 of 6526 DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962 ADDENDUM TO COLLIER COUNTY'S PURCHASE ORDER TERMS AND CONDITIONS reviewed 08/10/23;12/18/13;05/5/10) The terms and conditions of this Addendum are hereby incorporated into the Purchase Order ("Contract") between Collier County, a political subdivision of the State of Florida ("County") and Evoqua Water Technologies LLC ("Vendor"), a Foreign Limited Liability Company authorized to do business in the State of Florida with principal address 210 Sixth Avenue, Suite 300, Pittsburgh, PA 15222, together the "Parties". The Parties mutually agreed to the changes outlined in this Addendum and this Addendum shall apply to any Purchase Order issued by the County to the Vendor and only while the County's standard Purchase Order Terms and Conditions version identified above is in place. In the event of a conflict between the Contract documents and the Addendum herein, the terms and conditions of this Addendum shall control. The additions are shown herein by underlining; deletions are shown by str4kethroughs. SECTION 6. Time is of the Essence: amended as follows: Tire-far-delivery--of-goods-ec-performance of-services-under-this Purchase Order is of the essence. Failure-of-VENDOR-to-meet delivery schedules or-deliver-within a reasonable e, as-interpreted-by the COUNTY alone, shall entitle-theek-all remedies available-to it at law or in equity. VENDOR agrees to reimburse the COUNTY for-any--expenses-i•neurred in enforcing--its-rights,--VENDOR further agrees that the undiscovered-delivery-ef nonoonforming goods-and/e the- ' ight to-insist-upon-further-c-omptiense--with-all-specifications In the event the availability for shipment of all or any portion of the equpment is delayed for other than excusable causes beyond the agreed upon shipment dates and such delay contributes to the delay in the preliminary operation, then VENDOR will, as liquidated damages and not as a penalty, issue credit to the COUNTY in the amount of one-quarter of one percent(1/4%)per week of the value of the delayed equipment for each week of such delay beyond the date indicated above:provided, however, that in no case shall such credit exceed five percent(5%) of the value of the delayed equipment. In no event shall the COUNTY assess liquidated damages against VENDOR for late shipment for any delays caused by COUNTY or a third party, including but not limited to changes, which impacts the original agreed upon shipment schedule. The above liquidated damages shall constitute the sole and exclusive remedy of the COUNTY and maximum damages for the failure of VENDOR to meet the scheduled shipment date(s). VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that the undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. SECTION 8. Warranties: amended as follows: VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples, or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien,encumbrance, or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. Subject to the following sentence, Vendor warrants to County that the (i)work shall materially conform to the description in Vendor's Documentation and shall be free from defects in material and workmanship Page 1 of 4 Addendum to Collier County's Purchase Order Terms and Conditions CAO Between Evoqua Water Technologies LLC and Collier County f ,; ' Page 2968 of 6526 DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962 and (ii)the Services shall be performed in a timely and workmanlike manner. Determination of suitability of treated water for any use by County shall be the sole and exclusive responsibility of County. The foregoing warranty shall not apply to any Work that is specified or otherwise demanded by County and is not manufactured or selected by Vendor, as to which (i) Vendor hereby assigns to County, to the extent assignable, any warranties made to Vendor and (ii) Vendor shall have no other liability to County under warranty, tort or any other legal theory. The Vendor warrants the Work, or any components thereof, through the earlier of 18 months from delivery of the work or 12 months from County's initial operation of the work(the"Warranty Period"). If County gives Vendor prompt written notice of breach of this warranty within the Warranty Period, Vendor shall, at its sole option and as County's sole and exclusive remedy, repair or replace the subject parts, re-perform the Service or refund the purchase price. Unless otherwise agreed to in writing by Vendor, (i) County shall be responsible for any labor required to gain access to the Work so that Vendor can assess the available remedies and (ii) County shall be responsible for all costs of installation of repaired or replaced Work if otherwise not covered by the warranty. If any claimed breach is not, in fact, covered by this warranty, County shall pay Vendor its then customary charges for any repair or replacement made by Vendor. Vendor's warranty is conditioned on County's (a) operating and maintaining the Work in accordance with Vendor's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Vendor. Vendor's warranty does not cover(i)damage caused by chemical action or abrasive material, misuse or improper installation unless installed by Vendor) and (ii) media goods (such as, but not limited to, resin, membranes, or granular activated carbon media) once media goods are installed. THE WARRANTIES SET FORTH IN THIS SECTION 8 ARE THE VENDOR'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY PROVISION BELOW. VENDOR MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. SECTION 11. Indemnification: amended as follows: To the maximum extent permitted by Florida law, the VENDOR shall defend, indemnify and hold harmless Collier County, itsofficers 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-sl-aimed-breach of-this-Agreement by VENDOR, resulting from any statutory or regulatory violations that are in effect at the time of execution of this Agreement, or from personal injury or third party property damage, including direct and third-pa or consequential damages,er and-economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the VENDOR or anyone employed or utilized by the VENDOR 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.Vendor shall have the sole authority to direct the defense of and settle any indemnified claim, subject to the County having the right to consent to the entry of a judgment against it as part of the resolution of an indemnified claim.Vendor's indemnification is conditioned on County a) promptly, notifying Vendor of any claim, and (b) providing reasonable cooperation in the defense of any claim. This section does not pertain to any incident arising from the sole negligence of COLLIER COUNTY. 1.1 The duty to defend under this Section 11 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the VENDOR,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 VENDOR. VENDOR'S obligation to indemnify and defend under this Section 11 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the COUNTY or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 2 of 4 CAO Addendum to Collier County's Purchase Order Terms and Conditions Between Evoqua Water Technologies LLC and Collier County CA(,) Page 2969 of 6526 DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962 SECTION 19. Termination; amended as follows: This Purchase Order may be terminated at any time by the COUNTY for convenience, in whole or in part, upon 30 days prior written notice to the VENDOR. This PurchaseOrder may be terminated immediately by the COUNTY for breach by VENDOR of the terms and conditions of this PurchaseOrder, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. Unless directed otherwise in the notice of termination,the Vendor shall incur no further obligations in connection with the Purchase Order upon receipt of a written notice to terminate. Upon termination for County's convenience, the County will pay Vendor for the work performed or in process plus its actual costs incurred up to the notice of termination. ADD Section 20. Limitation of Liability; new section added as follows: LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, VENDOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES,AND VENDOR'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ALL WARRANTY CLAIMS OR FOR ANY BREACH OR FAILURE TO PERFORM ANY OBLIGATION UNDER THE CONTRACT, SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WORK. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. Signature page to follow] Page 3 of 4 CAO Addendum to Collier County's Purchase Order Terms and Conditions Between Evoqua Water Technologies LLC and Collier County t' t Page 2970 of 6526 DocuSign Envelope ID:2EBB0893-0958-43F3-BBB5-55E3A8443962 IN WITNESS WHEROF and as evidence of the adoption of the Addendum set forth herein, this instrument has been executed by the duly authorized officer of each party, effective on the date last written below. EVOQUA WATER TECHNOLOGIES COLLIER COUNTY BOARD OF COUNTY LLC COMMISSIONERS, FL DocuSigned by: DocuSigned by: Scoff (A u vidL 5444144 H ee7Ae27D09oo4sa... CCCO2796S041-5.. Signature Signature Scott Lapcewich Sandra Herrera Print Name Director of Procurement Services Division VP/GM Title Date: 11/30/2023 Date: 11/30/2023 r Ap7s, to form and legality: Scoff t't,aclt, AGDo59794-3DC414... Scott R. Teach, Deputy County Attorney 11/30/2023 I„ ttPage4of4 Addendum to Collier County's Purchase Order Terms and Conditions 1, t Between Evoqua Water Technologies LLC and Collier County Page 2971 of 6526 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY SIR: $1,000,000 B 10/31/2024 10/31/2025 10/31/2024 10,000 X B 10,000,000 14111907 (WI) 19445 42-XSF-326265-03 5,000,000 10/31/2025 A X C 5,000,000 10/31/2025 A X Allianz Global Risk US Insurance Company AUTO BUFFER - 10/31/2024 CN108453421-Evoqu-GAWU-24-25 2,000,000 19399 ... 10/31/2025 NYC-011805361-05 10/31/2024 X 6,000,000 10/30/2024 10/31/2025 14111906 (OR) 2 10/31/2024 10/31/2025 EXCESS FOR AUTO ONLY 2,000,000 X 2,000,000 2,000,000 A 10/31/2025 10/31/2024 10/31/2024 X 10/31/2025 35300 3135727 (AOS) LIMITS: 10,000 10/31/2024 14111904 (AOS) 14111905 (CA) USL00109924 2,000,000 General Liability. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. RE: Contract: 24-032-NS | Odor control products and services Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County are included as an Additional Insured as respects to Evoqua Water Technologies LLC EWT Holdings III Corp. Washington, DC 20003 310 Waters St SE 2,000,000 National Union Fire Insurance Co. of Pittsburgh, PA X 1166 Avenue of the Americas MARSH USA, LLC. New York, NY 10036 A 3609404 AIU Insurance Co. N 3295 Tamiami Trail East, Naples, FL 34112 Collier County Board of County Commissioners, 10/31/2024 3135728 (MA) B 5,000,000 X A 5,000,000 10/31/2025 Page 2972 of 6526 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: MARSH USA, LLC.� kind upon the insurer or its agents or representatives, will not extend any policy cancellation date and will not negate any cancellation of the policy. company will endeavor to mail 30 days written notice thereof to the certificate holder (except 10 days for non-payment of premium), but failure to provide such notice shall impose no obligation or liability of any Evoqua will be included as an insured under Xylem Inc. effective 12/31/2023. �� �� �� 2 New York Certificate of Liability Insurance25 Each of the insurance policies referenced above provides that should such policy be cancelled by the insurer before the expiration date thereof for any reason other than nonpayment of premium, the insuring Evoqua Water Technologies LLC� EWT Holdings III Corp.� 310 Waters St SE� 2 CN108453421 Washington, DC 20003 Page 2973 of 6526