CN-700000-17023-Amd #7.pdf

Amendment #7

ATC-17-023

Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants and

Groundwater Wells

This Amendment (“Amendment”), effective the date fully executed by both Parties, to Agency Term Contract ATC-17-023 (“Contract”), is between the State of Florida, Department of Corrections (“Department”), and The Water Spigot, Inc. (“Contractor”). The Department and Contractor are collectively referred to herein as the “Parties” and individually as a “Party.” All capitalized terms used herein shall have the meaning assigned to them in the Contract unless otherwise defined herein.

1.0 MODIFICATIONS

In accordance with Section V., Amendments, of the above-referenced Contract, the following modifications are hereby applied:

1.1 Section V. Amendments, is hereby revised as follows:

No oral modifications to this Contract are acceptable.Unless otherwise provided herein, Aall modifications to this Contract must be in writing and signed by both pParties, with the exception ofexcept changes to Section VII., belowContract Management. Any future amendments of the Contract, which alter the definition of the services or scope of work, shall define the services or scope in the same format as

EXHIBIT A.

Not withstanding the order listed in Section IV, aAmendments issued after execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

1.2 Section VI. Contract Notices, is hereby replaced in its entirety:

In addition to the provisions in Section 38 of Form PUR 1000 (10/06), Contract notices may be delivered by email to the Contractor’s designated contact person as prescribed in Section VII.

Unless otherwise required herein, the Parties shall provide all notices required or permitted by this Contract in writing by certified mail, return receipt requested, or hand-delivery to the respective Parties. All notices shall be deemed received on the date of delivery.

Contract management changes to Section VII, Contract Management, may be delivered by email to the Contractor's Representative. Change notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

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1.3 Section VII. Contract Management, is hereby revised as follows:

The Department employee who is primarily responsible for maintaining the Contract Administration file is:

Contract Administrator Bureau of Procurement Florida Department of Corrections 501 S. Calhoun Street, Suite 3287 Tallahassee, FL 32399-2500 Telephone: (850) 717-3700 Email: Purchasing@fdc.myflorida.com

The Contract Administrator will perform the following functions:

1. Maintain the official Contract Administration file;

2. Write and maintain this Contract and all amendments; and

3. Maintain records of all formal contract correspondence between the Department and the Contractor as provided by the Contract Manager for filing in the Contract Administration file.

The Contract Manager is:

Merideth MiddletonStasi McKenzie Operations & Management Consultant Manager Bureau of Business Operations Division of Facilities Management & Building Construction Florida Department of Corrections 600 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone: (850) 717-3925 Email: Merideth.Middleton@fdc.myflorida.comStasi.McKenzie@fdc.myflorida.com

The Contract Manager will perform the following functions:

1. Maintain a Contract Management file;

2. Serve as the liaison between the Department and the Contractor;

3. Enforce performance of the Contract terms and conditions;

4. Monitor and evaluate the Contractor’s performance to ensure services conform to the Contract requirements;

5. Request all amendments, renewals, and terminations of this Contract, and implement management of the Contract change;

6. Exercise applicable remedies, as appropriate, when the Contractor’s performance is deficient; and

7. Evaluate the Contractor’s performance upon completion of this Contract. This evaluation will be placed in the Contract file and will be considered if this Contract is subsequently used as a reference in future procurements.

For each Purchase Order issued by the Department, the individual listed as “On Behalf Of” shall serve as a local Contract coordinator, and will perform the following functions:

1. Verify the receipt of deliverables from the Contractor;

2. Review, verify, and approve invoices from the Contractor;

3. Monitor the quality of services and commodities being delivered;

mailto:Purchasing@fdc.myflorida.com mailto:Merideth.Middleton@fdc.myflorida.com

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4. Monitor the budget to ensure funds are available through the Contract term; and

5. Serve as the liaison between the Department, Contract Manager, and Contractor relating to quality and delivery.

The Department may appoint a different Contract Administrator or Manager, which will not require an amendment to the Contract, by sending written notice to the Contractor. Any communication to the Department relating to the Contract shall be addressedThe Contractor shall address all communication relating to the Contract to the Department’s Contract Manager.

The Contractor has assigned the following individual(s) to serve as the designatedContractor’s rRepresentative for this Contract:

Contractor’s Representative:

The Water Spigot, Inc.

Trish Jackson, President 5806 East Highway 22 Panama City, Florida 32404 Telephone: (850) 871-1900 Email: trishj-waterspigot@comcast.net

As provided for in Sections VI and VII, the Department will direct Aall questions and customer service issues concerning this Contract shall be directed to the Contractor’s rRepresentative above. It will be the Contractor’s rRepresentative’s responsibility to coordinate with necessary Department personnel, as required, to answer questions and resolve issues. The Contractor must provide written notice to the Department’s Contract Manager, as set forth in Section VII, if a new employee is designated as the Contractor’s rRepresentative for this Contract.

1.4 Section VIII. Termination, is hereby revised as follows:

A. Termination at will

This Contract may be terminated by either party at will, upon no less than 30 calendar days’ written notice, unless a shorter period of time is mutually agreed upon by both Parties. Notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in person with proof of delivery.

Either Party may terminate this Contract at will upon no less than 30 Days’ written notice unless a shorter period is mutually agreed upon by both Parties. A Party shall deliver notice by certified mail (return receipt requested), by other delivery methods whereby an original signature is obtained, or in person with proof of delivery.

B. Termination forDue to Lack of Funds

In the eventIf funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours’ written notice to the Contractor.

Notice shall be deliveredThe Department will deliver notice by certified mail (return receipt requested), facsimile,by other delivery methods whereby an original signature is obtained, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

mailto:trishj-waterspigot@comcast.net

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C. Termination for Cause:

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 calendar days’ written notice by the Department, the Department may terminate this Contract upon 24 hours’ written notice. The Department, at its exclusive option, shall make the determination as to whether a period of time will be provided for the Contractor to cure a breach of Contract. If the breach is egregious in nature, a breach may result in immediate termination for cause, with 24 hours’ written notice, as described in this section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code (F.A.C.). The provisions herein do not limit the Department’s right to remedies at law or to damages.

If a breach of this Contract occurs by the Contractor, the Department may terminate the Contract for cause. The Department may elect to afford, at its exclusive option, an opportunity for the Contractor to cure the breach within 30 Days upon written notice by the Department. Any breach of this Contract still left uncured by the Contractor after the Department has elected to provide 30 Days to cure (remedy) the breach may result in the Department's termination of this Contract upon 24 hours’ written notice by the Department. If the Department does not elect to allow the Contractor to cure a breach (e.g., instances of egregious Contractor conduct or other Contractor actions, which may be harmful to the Department), the Department may immediately terminate this Contract for cause, upon 24 hours’ written notice to the Contractor, as described in this section. Notice shall be delivered by certified mail (return receipt requested), in person with proof of delivery, or by another delivery method whereby an original signature is obtained. If applicable, the Department may employ the default provisions in Section 287.1351, F.S. The provisions herein do not limit the Department's right to remedies at law or in equity.

D. Termination for Unauthorized Employment

The Contractor’s Vviolation of the provisionsSection 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

E. Termination for Use of Forced Labor

In accordance with Section 287.1346(4)(a)2., F.S., if the Contractor is placed on the Forced Labor Vendor List, the Department may terminate this Contract immediately for cause.

1.5 Section X. Subcontracts, is hereby replaced in its entirety:

The Contractor is fully responsible for all work performed under this contract. The Contractor may, upon receiving written consent from the Department’s Contract Manager, or designee, enter into written subcontract(s) for performance of certain obligations under this Contract. No subcontract, in which the Contractor enters with respect to performance obligations, shall in any way relieve the Contractor of any responsibility for the performance of its contractual duties. All payments to subcontractors shall be made by the Contractor.

It is understood and agreed that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabilities

Amendment #7 Page 5 of 30 under this contract. All subcontractors are subject to the same background check requirements as are referenced in Exhibit A.

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, with the prior written consent of the Department, enter written subcontracts for delivery or performance of services, as indicated in this Contract. No subcontract, into which the Contractor enters for the performance of any of its duties under the Contract, shall in any way relieve the Contractor of any responsibility for the performance of the Contract. All subcontractors shall comply with the Department’s security requirements to the same extent as the Contractor, including background checks, and all other Contract requirements. The Department is not authorized to make payments to the subcontractor for services and commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S.

It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the Contractor fails to pay the subcontractor, without reasonable cause within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment.

Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All subcontracts shall comply with the Department's Procedure 205.002 "Contract Management", and shall include the items noted below:

• Identity of the subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the subcontractor;

• License(s) and certification(s) provided by the subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the Contractor and the Department:

o Cooperation with the Inspector General o Cooperation with the Florida Senate and the Florida House of Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all subcontractor agreements must include a statement from the proposed subcontractor acknowledging acceptance of and intent to be bound by the contract terms included in this Contract between the Department and the Contractor.

See also Section XIII., L. related to E-Verify.

1.6 Section XIII. Other Conditions, is hereby revised as follows:

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the serviceContract; (b) upon request from the

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Department’s custodian of public records, provide the Department 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 cChapter119, F.S., or as otherwise provided by law; (c) 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 Department; (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Contractor or keep and maintain public records required by the Department to perform the serviceContract. If the Contractor transfers all public records to the Department 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 theis Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department. Pursuant to § 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and §119.07(1)1, F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor’s duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATTN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850) 412-2664717-9744 Fax: (850) 922-4355 Website: https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvk hn004wtw1eymm15f4x))/SupportHome.aspx

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to the Department business or services, or individuals entrusted to FDC’s care, or individuals receiving services in accordance with applicable local, state, and federal laws, rules, and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and state statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e. FDC staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person, unless released in writing by said Department.

https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx

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C. Disputes

Any dispute concerning the performance of the termsof this Contract shall be resolved informally by the Contract ManagersParties. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Department’s Chief Financial Officer (CFO), or designee. The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the partiesContractor’s Representative, the Department’s Contract Managers, and the Department’s Contract Administrator.

D. Notices

All notices required or permitted by this Contract shall be given in writing and by hand-delivery or email to the respective parties. All notices by hand-delivery shall be deemed received on the date of delivery and all notices by email shall be deemed received when they are transmitted and not returned as undelivered or undeliverable.

Both parties may change their contact information and Contract Manager by written notice given to the other party as provided above.

E. D. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of the Prison Rape Elimination Act (PREA) Federal Rule 28 C.F.R. Part 115 to the Department’s Contract Manager.

The Contractor shall comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act (PREA), Federal Rule 28 C.F.R. Part 115. The Contractor’s employees who will enter the secured perimeter shall also comply with all Department policies and procedures that relate to PREA (see procedure 602.053) and immediately report any suspected/reported PREA violations as advised of and agreed to in the NI1-127 form.

F. E. Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract. Upon the execution of this Contract, the Contractor shall furnish the Department’s Contract Manager, or designee, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance where appropriate.

If the Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any pParty’s liability beyond that provided in Section 768.28, F.S.

G. F. Employee StatusIndependent Contractor Status

This Contract does not create an employee/employer relationship between the parties. It is the intent of the parties that the Department and Contractor are independent contractors under this Contract and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor

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Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State unemployment insurance law. The Parties shall each retain sole and absolute discretion in the judgement of the manner and means of carrying out their activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Contract shall be those of each individual party. Services provided by each party pursuant to this Contract shall be subject to the supervision of each party. In providing such services, neither party nor its agents shall act as officers, employees, or agents of the other party. The parties agree that they are separate and independent enterprises, and that each has the ability to pursue other opportunities.

This Contract shall not be construed as creating any joint employment relationship between the parties and neither party will be liable for any obligation incurred by the other party, including, but not limited to, unpaid minimum wages and/or overtime premiums.

The Contractor is an independent contractor in the performance of its duties and responsibilities under this Contract. The Department shall neither have nor exercise any control or direction over the methods by which the Contractor shall perform its work and functions other than as provided herein. Nothing is intended to, nor shall be deemed to constitute, a partnership or a joint venture between the Parties.

H.G. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any unforeseen delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, pandemics, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

I.H. Annual Appropriation

The State’s of Florida’s and the Department’s performance and obligationsduty to pay for goodscommodities andor services under this Contract areis contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Ccontract or from any other source are not eligible for reimbursementpayment under this Contract.

J.I. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor, and any Subcontractors, understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing concerning this Contract.

K.J. Scrutinized Companyies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either 1) the Scrutinized Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under Sections 215.473, F.S., and 215.4725, F.S., and further certifies they are not engaged in business operations in Cuba or Syria, as stated in Section 287.135(2)(b)2, F.S.

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Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Isral List, or is engaged in a boycott of Israel, or has engaged in business operation in Cuba or Syria as stated in Section 287.135(2)(b)(2), F.S. Any company that submits a bid or proposal for a Contract, or intends to enter into or renew a Contract with an agency or local governmental entity for commodities or services, of any amount, must certify that the company is not participating in a boycott of Israel.

A. If the vendor provides goods or services of any amount, the vendor certifies:

• The vendor has completed the “Quarterly List of Scrutinized Companies” section of Form 7801.

B. If the vendor provides goods or services that could be at or above $1 million, the vendor also certifies:

• The vendor has completed the “Scrutinized List of Prohibited Companies” section of Form 7801.

C. The vendor agrees that the Agency can immediately terminate any agreement for cause or disqualify the vendor from further consideration of any purchases, if the following is discovered:

• The vendor is found to have submitted a false certification, after providing notice in accordance with 287.135(5)(a), F.S.;

• The vendor is placed on a list created pursuant to s. 215.473, F.S., relating to scrutinized active business operations in Iran; or

• The vendor is found to have been placed on the Scrutinized Companies that

Boycott Israel List or is engaged in a boycott of Israel.

D. The vendor understands the following:

• The Agency may, on a case-by-case basis, make exceptions to these requirements as permitted in s. 287.135(4), F.S.; and

• An unsuccessful vendor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with s. 287.135(6), F.S.

L.K. Cooperation with the Florida Senate and Florida House of Representatives

In accordance with Section 287.058(7), F.S., the Contractor agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

M.L. E-Verify

Per Executive Order 11-116, The provider agrees to utilize the U.S. Department of Homeland Security’s E-Verify system, https://e-verify.gov/employers, to verify the employment eligibility of all new employees hired during the contract term by the Provider. The Provider shall also include a requirement in subcontracts that the subcontractor shall utilize the E-Verity system to verify the employment eligibility of all https://e-verify.gov/employers

Amendment #7 Page 10 of 30 new employees hired by the subcontractor during the contract term. Bidders meeting the terms and conditions of the E-Verity System are deemed compliant with this provision.

Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor shall not enter into a contract unless each party to the contract registers with and uses the E-Verify system in accordance with Section 448.095, F.S.

Every public employer, contractor, and subcontractor shall register with and use the E-Verify system, https://www.e-verify.gov/employers, to verify the work authorization status of all newly hired employees.

a) The Contractor has completed and submitted the DMS Form PUR 7801 and agrees to re-submit this completed form each year on the Contract anniversary date.

b) The vendor understands that a public agency must require that any contractor or subcontractor registers with and uses the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor in accordance with s. 448.095(5), F.S.

c) The vendor understands that it shall be unlawful for any person knowingly to employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, in accordance with s. 448.09, F.S.

d) The vendor has included proof of its E-Verify registration.

e) The primary vendor understands that it must request and maintain an affidavit for all Subcontractors stating that the Subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The primary vendor certifies that it will provide Subcontractor affidavit(s) to the Department at any time the Department requests.

M. Foreign Countries of Concern Attestation

a. The vendor understands that, if awarded, it will have access to personal identifying information as “personal information” is defined in s. 501.171, F.S.

b. The vendor has included a completed DMS Form PUR 1355.

N. Foreign Gifts, Interest and Contracts

The vendor certifies the following:

a) The vendor has completed the s. 286.101 required disclosures section of

PUR 7801;

b) If applicable, the vendor has provided a list to the Department, prior to submission of its bid, proposal or reply, of previous disclosures that were made subject to the requirements of s. 286.101(3), F.S.; and https://www.e-verify.gov/employers

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c) The vendor understands that it is a continuing requirement of this procurement process to make disclosures in accordance with s. 286.101, F.S.

O. The Vendor has completed the PUR 7801 section that relates to the following:

• Convicted Vendor List

• Discriminatory Vendor List

• Antitrust Violator Vendor List

• Suspended Vendor List

P. Forced Labor Vendor List

Contractor has completed DMS Form PUR 7801 and DMS Form PUR 2024;

and understands that pursuant to Section 287.1346, F.S., a Vendor on the Forced Labor Vendor List:

1. May NOT be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities;

or

2. May NOT transact business for the provision of commodities with any agency.

3. May have a contract immediately terminated in accordance with Section 287.1346(4)(a)2., F.S., if the Contractor is placed on the Forced Labor Vendor List.

1.7 Section XIV. Delivery, is hereby replaced in its entirety:

Product(s) shall be shipped as free on board (FOB) to their designated destination, and arrive within the time agreed upon between the Contractor and the Department after the order is placed. FOB to the designated destination, and arrive within 30 days of Purchase Order issuance, or at the time mutually agreed upon between both Parties. Deliveries of goods, or provision of services, must be between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays, unless otherwise stated herein or on a subsequent Contract.

Product(s) shall be shipped as Free on Board (FOB) Destination, and arrive within 30 Days of PO issuance, or at the time mutually agreed upon between both Parties as reflected in the PO. Deliveries of commodities, or provision of services, must be made between 8:30 a.m. to 4:00 p.m., local time, Monday through Friday, excluding State holidays or other official closures, unless otherwise stated herein or on a subsequent

PO.

1.8 EXHIBIT A, FDC ITB-15-142 and all Addenda; Section 1.4 Definitions is hereby revised as follows:

The terms used in this ITB, unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1) Agency Term Contract: A written agreement between the Department and awarded Bidder, which is used by the entire Department, under which purchase orders will be issued.

2) Bid: A Bidder’s response to this ITB, which the Bidder shall submit on approved forms.

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3) Bidder: A legally qualified corporation, partnership, person, or other entity, submitting a bid to the Department, in response to this ITB.

4) Breach of Contract: A failure of the ContractorBidder(s) to perform services, or provide commodities, in accordance with the terms and conditions of the Contract which may result from this ITB.

5) Business Day and Business Hours: Monday through Friday from 8:00 a.m. to 5:00 p.m., local time, excluding State holidays or other official closures.

6) Contract: The agreement which results from this ITB, between the awarded Bidder and the Department.

7) Contractor: The organization, or individual, providing services to the Department, in accordance with the terms of the Contract resulting from this ITB.

8) Corrective Action Plan (CAP): A Bidder’s comprehensive written response to any deficiencies discovered in the course of Contract Compliance Monitoring, and plan for remediation of those deficiencies.

9) Day: A calendar day, unless otherwise noted.

10) Deficiency: A contractual requirement which is not met by the Vendor.

11) Deliverables: Those services, items and/or materials provided, prepared and delivered to the Department, in the course of Contract performance. Deliverables shall be more specifically described in definable and verifiable detail in Section 4.0, Technical Specifications.

12) Department: The Florida Department of Corrections (FDC).

13) Emergency Services: A situation in which laboratory analysis services are business hours, weekends, and holidays.

14) Holidays: Refers to State Holidays or other official closures.

15) Mandatory Responsiveness Requirements: Terms, conditions, and requirements that must be met by the Bidder to be considered responsive to this solicitation. Failure to meet these responsiveness requirements will cause rejection of a bid. Any bid rejected for failure to meet mandatory responsiveness requirements will not be reviewed further.

16) Material Deviation(s): The Department has established certain requirements with respect to bids submitted. The use of shall, must, or will (except to indicate the future) in this ITB indicates a requirement, or condition, which may not be waived by the Department, except where the deviation is not material. A deviation is material if, in the Department’s sole discretion, the deficient response is not in substantial accord with the ITB’s requirements, provides an advantage to one Bidder over other Bidders, has a potentially significant effect on the quantity or quality of items bid, or on the cost to the Department. Material deviations cannot be waived, and shall be the basis for determining a bid non-responsive.

immediately required of the Contractor due to conditions that may threaten the health and/or welfare of FDC residents, inmates, and staff. Emergency service requests require immediate response by the Contractor during and after regular business hours, weekends, and holidays.

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17) Minor Irregularity: A variation from the ITB terms and conditions, not affecting the price, giving the Bidder an advantage or benefit not enjoyed by other Bidders;

does not adversely impact the interests of the Department. A minor irregularity will not result in a rejection of a bid.

18) PCard: Refers to the State of Florida’s purchasing card program, using the Visa platform.

19) Responsible Bidder: A Bidder who has the capability to fully perform all aspects of the resultant Contract requirements, and the integrity and reliability that will assure good faith performance.

20) Responsive Bid: A bid, submitted by a responsible Bidder, which conforms to all material aspects of the solicitation.

21) Subcontract: An agreement between the Bidder and any other person, or organization, wherein that person or organization agrees to perform any requirement(s) for the Bidder, specifically related to securing, or fulfilling, the Bidder’s obligations to the Department, under the terms of the Contract resulting from this ITB.

22) Unresolved Deficiency: A deficiency which has not been addressed, resolved, or corrected after a Corrective Action Plan has been completed.

23) Weekend: As referred herein, Saturday and Sunday.

1.9 EXHIBIT A, FDC ITB-15-142 and all Addenda; Section 2.4 Sample Analysis is hereby revised as follows:

2.4 Sample Analysis

Samples shall be analyzed according to current acceptable methodologies to the Environmental Protection Agency (EPA), FDEP, and the FDOH. The necessary analytical work must be done by a FDOH and NELAC Certified Lab. All analyses must be performed by the Bidder in its facilities, by its personnel.

The Bidder may subcontract specific chemical analyses, if necessary, to complete the analyte lists for each Institution. All subcontracted laboratories shall be certified by the FDOH, FDEP, or EPA, for the method used to complete the analyses. Any and all analyses that will be subcontracted will be detailed in the Bbid submission.

The Department may request testing of an individual parameter, or a group of parameters, as a set. Bidders shall submit a current unit price for analysis of all individual parameters as indicated on Attachment III – Price Pages, for each Region for which they are submitting a bBid.

Quantities on Attachment II – Schedule of Services, are estimates as reported by the Institutions. Testing that is performed one (1) time per year or less, will have a one (1) listed in the Est. Tests Per Year column. The Department does not guarantee any minimum or maximum number of samples under this Contract.

The Florida Maximum Contaminant Levels (MCLs) for each required, chemical constituent for WTPs are presented in Attachment II – Schedule of Services. Chemical constituents listed for WWTPs do not have MCLs listed because they are permitted, Amendment #7 Page 14 of 30 site specific, and could not feasibly be placed in this document. The constituents of concern and the MCLs, will be supplied with the first sampling event for each Institution. The Bidder shall confirm to the Department that attainment of Method Detection Limits for each constituent at or below the respective MCL, or permit limit is practicable. Constituents that cannot be analyzed to a concentration at or below the respective regulatory level, shall be identified in the Bidder’s submittal.

All original samples must be retained by the Bidder under holding conditions that will allow for testing to be repeated until all analyses are completed.

If any parameter exceeds the MCL or permit limit, the original sample shall be re-tested for that parameter. If the re-test confirms the original test, the Department will pay for both tests. If the re-test indicates compliance with the MCL or permit limit, the Department will pay for the re-test only, but not for the original test. Any parameter which does exceed the MCL or permit limit shall be clearly flagged on the report, in a manner approved by the Department, and requires immediate notification to the Department’s WWTP Operator.

The Bidder should track previous results for each parameter and any parameter exceeding the previous results by 20 percent will require immediate notification to the Lead Operator of the WTP or WWTP and to the Department’s Regional Engineer.

The Department routinely provides personnel for performing the field sampling, except for sampling of Giardia, Cryptosporidium, and the Monitoring Wells. The Bidder shall provide pre-assembled sampling kits to the Department’s Operator, for each site, consisting of required bottles, containers, vials, packing, recording document forms, and ice cooler.

All containers supplied to hold samples, for transportation to the laboratory, shall be pre-cleaned and sealed, or accompanied by a certification that declares that the containers are sterile, free of contaminates, and appropriate for the required analyses.

The kits shall also contain special sampling equipment that may be specifically required for any of the required sampling.

Sample containers shall be provided with appropriate preservatives for the specific parameters to be sampled during the sampling event. Volatile Organic Compound (VOC) vials shall be new. All collection containers shall be clean to prevent interference with good laboratory analytical practices. Sampling kits shall be provided to the Department within 48 hours of a submitted request. The Bidder will schedule analysis sampling requirements with the Institution to be sampled.

Immediate notification to the Department’s WWTP Operator via phone and email is required whenever parameters exceed the MCL, or fall outside acceptable permit limits.

All analytical results shall be reported within seven (7) calendar days from the time of pick-up, with the exception of the coliform analysis, which shall be reported within 24 hours, by email to the Department’s WWTP Operator.

Unless providing Emergency Services related to an Emergency Services call, analytical results will be provided within 10 Business Days from the time of sampling, with the exception of the coliform analysis Bac-T testing. Positive results for coliform analysis Bac-T testing shall be reported immediately via phone, and in no event later than 24 hours after the positive result. A follow up to the positive result shall be emailed within 10 Business Days. Negative results shall be reported within 10

Amendment #7 Page 15 of 30

Business Days. All results must be reported by email to the Department’s WWTP Operator and the Contract Manager.

Reports and custody records shall be on required forms accepted by EPA, FDEP, and the FDOH. If the results are required by the Department to be supplied on disk, the Bidder shall supply the information in an acceptable format on disk. Results must reflect the same compound name as required by FDEP forms. Copies of FDEP forms are to be supplied by the Department. Results must show current MDLs and MCLs, as per FDEP regulations and the active permits for each Institution.

A copy of the chain of custody form, for all samples, will be left with the Department’s Operator at the Institution, when samples are picked-up by the Bidder.

The Bidder shall provide cleaning reagents for sampling equipment, if necessary.

The Bidder shall be able to respond immediately, within one (1) hour, 24 hours a day, under emergency conditions, as identified by the Department. This is to include immediate analysis under conditions of acute violations and imminent health risks.

The Contractor shall be on-site or otherwise appropriately respond to acknowledge a date and time for receipt and change of custody of laboratory samples for analysis within four (4) hours of receiving an Emergency Services call from the Department.

The Contractor shall immediately perform laboratory analysis under Emergency Services or conditions as determined by the Department and provide verbal analytical results to the Department by telephone immediately upon completion of sample analysis, but under no circumstances later than 24 hours after receiving laboratory samples from the Department. Follow-up written analytical results shall be provided to the Department’s designee and the Department’s Contract Manager within two (2) hours of providing verbal results.

Rates for Emergency Services must be as specified in EXHIBIT B, PRICE PAGE.

The BidderContractor shall supply transportation of samples and containers complying with all holding times, as required by FDEP and FDOH regulations.

1.10 EXHIBIT A, FDC ITB-15-142 and all Addenda; Section 3.11 Performance Measures and Financial Consequences, performance measures #3 through #5, are hereby added as follows:

Performance Measure #3

Requirement: The Contractor shall immediately respond to Emergency Service calls.

Measure: The Contractor shall be on-site or otherwise appropriately respond to acknowledge a date and time for receipt and change of custody of laboratory samples for analysis within four (4) hours of receiving an Emergency Services call from the Department.

Standard: Per Occurrence

Financial Consequence: The Contractor shall be assessed Financial Consequences at $100.00 per hour, or part thereof, the Contractor arrives on-site or otherwise responds to an Emergency Services call after four (4) hours.

Amendment #7 Page 16 of 30

Performance Measure #4

Requirement: The Contractor shall provide verbal laboratory analysis results to the Department under Emergency Services or conditions.

Measure: Under Emergency Services or conditions, the Contractor shall provide verbal laboratory analysis results to the Department by telephone immediately upon completion of laboratory testing, but under no circumstances later than 24 hours after receiving laboratory samples from the Department.

Financial Consequence: Under Emergency Services or conditions, the Contractor shall be assessed Financial Consequences at $100.00 per hour, or part thereof, the Department receives verbal laboratory analysis results by telephone after the 24th hour.

Performance Measure #5

Requirement: The Contractor shall provide follow-up written laboratory analysis results to the Department under Emergency Services or conditions.

Measure: Under Emergency Services or conditions, the Contractor shall provide follow-up written laboratory analysis results to the Department’s designee and the Department’s Contract Manager by email within two (2) hours of providing verbal laboratory analysis results.

Financial Consequence: Under Emergency Services or conditions, the Contractor shall be assessed Financial Consequences at $100.00 per hour, or part thereof, the Department receives follow-up written laboratory analysis results by email after two

(2) hours.

1.11 REVISED, EXHIBIT B, PRICE PAGE, FDC ATC-17-023, is revised to include additional pricing for Emergency Services and is hereby replaced in its entirety and attached hereto.

1.12 EXHIBIT C, FOREIGN COUNTRY OF CONCERN ATTESTATION (PUR 1355), is added and attached hereto.

1.13 EXHIBIT D, FORCED LABOR VENDOR ATTESTATION (PUR 2024), is added and attached hereto.

1.14 EXHIBIT E, Vendor Certification Form (PUR 7801), is added and attached hereto.

Amendment #7 Page 18 of 30

REVISED

EXHIBIT B, PRICE PAGE

FDC ATC-17-023

PARAMETERS FOR WATER TREATMENT PLANT TESTING

Item Description Regular Unit Price Estimated Annual Quantity

Estimated Regular Annual Price

Emergency Unit Price

Asbestos (Fed# 1094) 62-550.511 $300.00 9 $2,700.00 $600.00

Nitrite & Nitrates/62-550.500(3) & 550.512

Nitrate (Fed # 1040) $20.00 9 $180.00 $40.00

Nitrite (Fed # 1041) $20.00 9 $180.00 $40.00

Total Nitrate and Nitrite $20.00 9 $180.00 $40.00

Total Nitrogen $40.00 12 $480.00 $80.00

Nitrate Nitrite Nitrogen $40.00 12 $480.00 $80.00

Total Phosphorus $20.00 12 $240.00 $40.00

Ortho Phosphorus $15.00 12 $180.00 $30.00

Inorganics/62-550(3) & 550.513

Antimony Fed# (1074) $15.00 9 $135.00 $30.00

Arsenic (Fed# 1005) $15.00 9 $135.00 $30.00

Barium (Fed# 1010) $15.00 9 $135.00 $30.00

Beryllium (Fed# 1075) $15.00 9 $135.00 $30.00

Cadmium (Fed# 1015) $15.00 9 $135.00 $30.00

Chromium (Fed# 1020) $15.00 9 $135.00 $30.00

Cyanide, as free Cyanide (Fed# 1024) $40.00 9 $360.00 $80.00

Fluoride (Fed # 1025) $15.00 9 $135.00 $30.00

Lead (Fed# 1030) $15.00 9 $135.00 $30.00

Mercury (Fed # 1035) $25.00 9 $225.00 $50.00

Nickel (Fed# 1036) $15.00 9 $135.00 $30.00

Selenium (Fed# 1045) $15.00 9 $135.00 $30.00

Amendment #7 Page 19 of 30

Sodium (Fed# 1052) $10.00 9 $90.00 $20.00

Thallium (Fed# 1085) $15.00 9 $135.00 $30.00

Chlorine $20.00 45 $900.00 $40.00

Chloramines $20.00 45 $900.00 $40.00

Chlorine Dioxide $25.00 9 $225.00 $50.00

Disinfection Byproducts/62-550.514(2)(b) & 550.821& 62- 550.500(3)

Total Trihalomethanes (TTHM) (Fed# 2950) $50.00 54 $2,700.00 $100.00

Bromate (Fed# 1011) $50.00 9 $450.00 $100.00

Chlorite (Fed# 1009) $50.00 9 $450.00 $100.00

Volatile Organics/62-550.500(3) & 550.515

1,1-Dichloroethylene (Fed# 2977) $100.00 Group Price (GP) 9 $900.00 $200.00

1,1,1-Trichlorethans (Fed#2981) Included in GP 9 $0.00 $0.00

1,1,1-Trichlorethans (Fed#2985) Included in GP 9 $0.00 $0.00

1,2-Dichloroethane (Fed# 2980) Included in GP 9 $0.00 $0.00

1,2-Dichloropropane (Fed# 2983) Included in GP 9 $0.00 $0.00

1,2,4-Trichlorobenzene (Fed# 2378) Included in GP 9 $0.00 $0.00

Benzene (Fed# 2990) Included in GP 9 $0.00 $0.00

Carbo n tetrachloride (Fed# 2982) Included in GP 9 $0.00 $0.00 cis-1,2-Dichloroethylene (Fed# 2380) Included in GP 9 $0.00 $0.00

Dichloromethane (Fed# 2964) Included in GP 9 $0.00 $0.00

Ethylbenzene (Fed# 2992) Included in GP 9 $0.00 $0.00

Monochlorobenzene (Fed# 2989) Included in GP 9 $0.00 $0.00 o-Dichlorobenzene (Fed# 2968) Included in GP 9 $0.00 $0.00 para-Dichlorobenzene (Fed# 2969) Included in GP 9 $0.00 $0.00

Styrene (Fed# 2996) Included in GP 9 $0.00 $0.00

Tetrachloroethylene (Fed# 2987) Included in GP 9 $0.00 $0.00

Toluene (Fed# 2991) Included in GP 9 $0.00 $0.00

Amendment #7 Page 20 of 30 trans-1,2-Dichloroethylene (Fed# 2979) Included in GP 9 $0.00 $0.00

Trichloroethylene (Fed# 2984) Included in GP 9 $0.00 $0.00

Vinyl Chloride (Fed# 2976) Included in GP 9 $0.00 $0.00

Xylenes (total) (Fed# 2955) Included in GP 9 $0.00 $0.00

Synthetic Organics/62-550(3) & 550.516

2,3,7,8-TCDD (Dioxin) (Fed# 2063) $450.00 12 $5,400.00 $900.00

2,4-D (Fed# 2105) $1,200.00 (GP) 12 $14,400.00 $2,400.00

2,4,5-TP(Silvex) (Fed#2110) Included in GP 12 $0.00 $0.00

Alachlor (Fed# 2051) Included in GP 12 $0.00 $0.00

Atrazine (Fed# 2050) Included in GP 12 $0.00 $0.00

Benzo(a)pyrene (Fed# 2306) Included in GP 12 $0.00 $0.00

Carbofuran (Fed# 2046) Included in GP 12 $0.00 $0.00

Chlordane (Fed# 2959) Included in GP 12 $0.00 $0.00

Dalapon (Fed# 2031) Included in GP 9 $0.00 $0.00

Di(2-ethylhexyl)adipate (Fed# 2035) Included in GP 9 $0.00 $0.00

Di(2-ethylhexyl)phthalate (Fed# 2039) Included in GP 9 $0.00 $0.00

Dibromochloropropane (DBCP) Included in GP 9 $0.00 $0.00

Dinoseb (Fed# 2041) Included in GP 9 $0.00 $0.00

Diquat (Fed# 2032) Included in GP 9 $0.00 $0.00

Endothall (Fed# 2033) Included in GP 9 $0.00 $0.