CN-700000-17023.pdf

Agency Term Contract

ATC-17-023

Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants and

Groundwater Wells

This Contract is between the State, Department of Corrections (Department), an Agency of the State of Florida with offices at 501 S. Calhoun Street, Tallahassee, FL 32399, and The Water Spigot, Inc. (Contractor).

The Contractor responded to the Department’s Invitation to Bid (ITB), No: FDC ITB-15-142, Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants and Groundwater Wells. The Department has accepted the Contractor’s pricing and enters into this Contract in accordance with the terms and conditions of the ITB.

Accordingly, and in consideration of the mutual promises contained in the Contract, the Department and Contractor agree as follows:

I. Scope of Work

The services and commodities to be provided by the Contractor pursuant to this Contract are defined and described in Exhibit B, Attachment I, Price Page.

II. Contract Term

The initial term of Contract will be for five (5) years. The initial Contract term shall begin on March 1, 2017, or on the last date in which it is signed by all parties, whichever is later.

III. Renewal Terms

The Department and the Contractor may renew the Contract in whole or in part, for a renewal term not to exceed five (5) years, or portions thereof, at the renewal pricing specified in the Contractor’s original submission, upon mutual Agreement of the parties as set forth in the Contract.

IV. Contract

This Contract, together with the following attached documents (Exhibits), sets forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral, with respect to such subject matter.

All Exhibits attached to this Contract are incorporated in their entirety and form as part of this Contract. The Contract has the following Exhibits:

a) Exhibit A: FDC ITB-15-142 and all Addenda; and

b) Exhibit B: Contractor’s pricing to FDC ITB-15-142

In case of conflict, the documents shall have priority in the order listed:

a) The Agency Term Contract;

b) Exhibit A: FDC ITB-15-142 and all Addenda; and

c) Exhibit B: Contractor’s Pricing

V. Amendments

No oral modifications to this Contract are acceptable. All modifications to this Contract must be in writing and signed by both parties. Any future amendments of the Contract, which alter the definition of the services, shall define the services in the same format as Exhibit A.

Notwithstanding the order listed in Section IV, amendments issued after Contract execution may expressly change the provisions of the Contract. If an amendment expressly alters the Contract, then the most recent amendment will take precedence.

VI. Contract Notices

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.

VII. Contract Management

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

Sean Gellis, Strategic Sourcing Manager Bureau of Procurement Department of Corrections 501 S. Calhoun St., Suite 311 Tallahassee, FL 32399 Telephone (850) 717-3700 Email: Sean.Gellis@fdc.myflorida.com

The Department Contract Manager is:

Condelia Ward Division of Facility Maintenance and Building Construction Department of Corrections 600 S. Calhoun St.

Tallahassee, FL 32399-2500 Telephone (850) 717-3925 Email: Condelia.Ward@fdc.myflorida.com mailto:Sean.Gellis@fdc.myflorida.com mailto:Condelia.Ward@fdc.myflorida.com

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 addressed to the Contract Manager.

The Contractor has assigned the following individuals to serve as the designated contact person for this Contract:

Primary Contact:

The Water Spigot, Inc.

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

All questions and customer service issues concerning this Contract shall be directed to the Contractor’s designated contact. It will be the designated contact’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 if a new employee is designated as the contact person for this Contract.

VIII. Termination

A. Termination at Will

This Contract may be terminated by either party at will, including due to an award under competitive procurement, upon no less than 30 written calendar days notice.

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.

B. Termination Because of Lack of Funds

In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than 24 hours notice in writing to the Contractor.

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

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, which is left uncured after the expiration of 30 days written notice by the Department, then the Department may, by written notice to the Contractor, terminate this Contract upon 24 hours notice. Notice shall be delivered by certified mail (return receipt requested), in person with proof of mailto:trishj-waterspigot@comcast.net delivery, or by another method of delivery whereby an original signature is obtained. If applicable, then the Department may employ the default provisions in Chapter 60A-1, Florida Administrative Code. The provisions herein do not limit the Department’s right to remedies at law or to damages.

D. Termination of Mutual Agreement

This Contract may be terminated by either party upon no less than 30 calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties.

Said notice shall be delivered by certified mail (returned receipt requested), in person with proof of delivery, or by another method of delivery whereby an original signature is obtained.

E. Termination Because of Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of this Contract.

IX. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract to another party without prior written approval of the Department’s Contract Manager. The Department shall, at all times, be entitled to assign or transfer its rights, duties, and obligations under this Contract to another governmental agency of the State of Florida upon giving written notice to the Contractor.

X. Subcontracts

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, enter into written subcontract(s) for performance of certain functions under this Contract. No subcontract, which the Contractor enters into with respect to performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its 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 under this Contract.

XI. Price Adjustments

Any price decrease effectuated during the Contract period by reason of market change or special sales offered to other customers shall be passed on to the Department. This shall also apply to all in-place equipment on a rent or lease plan. Price increases are not accepted, unless otherwise stated.

XII. Additions/Deletions

During the term of the Contract, the Department reserves the right to add or delete the number of commodities or services, when considered to be in its best interest. Pricing shall be comparable to amounts awarded. Furthermore, the Department reserves the right to add or delete institutions and/or satellite facilities to the list of service locations.

XIII. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the 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 chapter or as 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; and (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 service. 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 the 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), 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 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0119/Sections/0119.07.html

Tallahassee, Florida 32399-2500 Telephone: (850) 717-3605 Fax: (850) 922-4355 Email: CO.PublicRecords@fdc.myflorida.com

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintains confidentiality with reference to individual 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.

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Contract Managers. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Chief Financial Officer (CFO). The CFO shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Contract Managers and the 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. 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.

mailto:CO.PublicRecords@fdc.myflorida.com

F. 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 Contract Manager 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 party’s liability beyond that provided in Section 768.28., F.S.

G. Employee 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 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 judgment 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.

H. Force Majeure

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

I. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay for goods and services under this Contract are contingent upon an annual appropriation by the Legislature. The costs of services paid under any other Contract or from any other source are not eligible for reimbursement under this Contract.

J. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor 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. Scrutinized Companies Contractor Certification

If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that they are not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Sections 215.473, F.S. and 215.4725, F.S. Pursuant to Section 287.135(5), F.S., and 287.135(3), F.S., 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, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

INVITATION TO BID (ITB)

FOR

LABORATORY ANALYSIS ON WATER TREATMENT PLANTS, WASTEWATER TREATMENT PLANTS, AND

GROUNDWATER WELLS

FDC ITB-15-142

RELEASED ON

September 26, 2016

By the:

Florida Department of Corrections

Office of Administration Bureau of Support Services

501 S. Calhoun Street Tallahassee, FL 32399-2500

(850) 717-3700

Refer ALL Inquiries to Procurement Officer:

Paul E. Cowan purchasing@fdc.myflorida.com

Page 1 of 123 FDC ITB-15-142

EXHIBIT A

mailto:purchasing@fdc.myflorida.com

TABLE OF CONTENTS

TIMELINE

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

1.2 Contract Term and Renewal

1.3 Conflicts and Order(s) of Precedence

1.4 Definitions

1.5 Specifications

1.6 Substitutions

1.7 Security Requirements

1.8 Estimated Quantities

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Certification

2.2 Number of Samples

2.3 Sample Pickup

2.4 Sample Analysis

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

3.2 Addition/Deletion of Items & Locations

3.3 Delivery

3.4 Mandatory Documentation

3.5 Records and Documentation

3.6 Price Pages

3.7 Purchasing Card Program (PCard)

3.8 Vendor Ombudsman

3.9 Payment and Invoicing

3.10 Contract Management

3.11 Performance Measures and Financial Consequences

3.12 Contract Monitoring

3.13 Security Requirements

3.14 Background Screening

SECTION 4.0 PROCUREMENT RULES AND INFORMATION

4.1 General Contract Conditions (PUR1000)

4.2 Bidder Inquiries

4.3 Cost of Bid Preparation

4.4 Instructions for Bid Submittal

4.5 Disclosure of Bid Submittal Contents

4.6 Bid Opening

4.7 Bid Evaluation

4.8 Florida Preference

4.9 Basis of Award

4.10 Disposal of Bids

4.11 Bid Rules for Withdrawal

4.12 Addenda

4.13 Verbal Instruction Procedure/Discussions

4.14 No Prior Involvement and Conflict of Interest

4.15 State Licensing Requirements

4.16 MyFloridaMarketPlace (MFMP) Registration

4.17 Certificate of Authority

4.18 Confidential, Proprietary, or Trade Secret Material

4.19 E-Verify

4.20 Bidder Substitute W-9

4.21 Scrutinized Companies

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4.22 Identical Tie Bids

4.23 Rejection of Bids

4.24 Inspector General

4.25 Protest Procedures

SECTION 5.0 SPECIAL CONDITIONS

5.1 Instructions to Respondents (PUR1001)

5.2 State Initiatives

5.3 Subcontracts

5.4 Copyrights, Right to Data, Patents and Royalties

5.5 Independent Contractor Status

5.6 Assignment

5.7 Severability

5.8 Use of Funds for Lobbying Prohibited

5.9 Employment of Department Personnel

5.10 Legal Requirements

5.11 Insurance

5.12 Prison Rape Elimination Act (PREA)

ATTACHMENT I – List of Institutions ATTACHMENT II – Schedule of Services ATTACHMENT III – Price Pages ATTACHMENT IV – Drug Free Workplace ATTACHMENT V – Bidder’s Contact Information

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Page 3 of 123 FDC ITB-15-142

TIMELINE

FDC ITB-15-142

EVENT DATE/TIME LOCATION

Release of ITB September 26, Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Last day for written inquires to be received by the Department

October 10, 2016 at 5:00 p.m., Eastern

Time

Submit to:

Florida Department of Corrections Paul Cowan, Procurement Officer Email: purchasing@fdc.myflorida.com

Posting of written responses to written inquires

October 31, 2016 at 5:00 p.m., Eastern

Time Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

Sealed Bids Due and Opened

November 21, 2016 at 2:00 p.m., Eastern Time

Submit to:

Florida Department of Corrections Paul Cowan, Procurement Officer 501 South Calhoun Street Tallahassee, Florida 32399-2500

Posting of Recommended

Award December 22, 2016 Vendor Bid System:

http://vbs.dms.state.fl.us/vbs/main_menu

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Page 4 of 123 FDC ITB-15-142 http://vbs.dms.state.fl.us/vbs/main_menu mailto:purchasing@fdc.myflorida.com http://vbs.dms.state.fl.us/vbs/main_menu

SECTION 1.0 INTRODUCTORY MATERIALS

1.1 Statement of Purpose

The purpose of this Invitation to Bid (ITB) is to secure competitive bids, from qualified bidders for the provision of certified laboratory services at Water Treatment Plants (WTPs), Wastewater Treatment Plants (WWTPs), and groundwater monitoring wells at facilities throughout the State, as specified by the Florida Department of Corrections (Department), and detailed in Attachment I, List of Institutions. These locations are owned and operated by the Department. The Department is issuing this solicitation to establish a new resultant Agency Term Contract.

1.2 Contract Term and Renewal

As a result of this ITB, the lowest responsive and responsible Bidder will be awarded a five (5) year Agency Term Contract, which may be renewed, for up to five (5) years, or portions thereof, in accordance with Section 287.057(13), Florida Statutes (F.S.), at the same prices, terms, and conditions. Purchases may be accomplished through the issuance of MyFloridaMarketPlace (MFMP) purchase orders. The resultant Contract will provide services for all four

(4) regions (Statewide). There will be a separate award for each region.

1.3 Conflicts and Order(s) of Precedence

All bids are subject to the terms of the following sections of this ITB, which in case of conflict shall have the following order of precedence:

A. Addenda, in reverse order of issuance

B. Invitation to Bid, including attachments

C. General Contract Conditions (Form PUR 1000) (Section 4.1)

D. General Instructions to Respondents (Form PUR 1001) (Section 5.1)

1.4 Definitions

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.

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 Bidder(s) to perform services, or provide commodities, in accordance with the terms and conditions of the Contract which may result from this ITB.

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

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

7. 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.

Page 5 of 123 FDC ITB-15-142

8. Deficiency: A contractual requirement which is not met by the vendor.

9. 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.

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

11. 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.

12. 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.

13. 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.

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

15. 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.

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

17. 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.

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

1.5 Specifications

The technical specifications, to be utilized and followed when performing work under this ITB, and resulting Contract, are described in Section 2.0, Technical Specifications.

1.6 Substitutions

The Bidder will be required to provide only the services(s) awarded. Substituted services delivered, or provided to the Department without prior approval by the Contract Administrator, are prohibited.

In the event the services specified can no longer be provided for reasons beyond the Bidder’s control, the Bidder shall provide an alternate service request to the Department’s Contract Administrator. The substituted service must meet (or exceed) all terms, conditions, and specifications applicable to the originally specified product.

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1.7 Security Requirements

For services performed under the resultant Contract, the successful Bidder, and its employees and agents, shall adhere to Section 3.12, Security Requirements.

1.8 Estimated Quantities

Any quantities listed are given only as a guideline for preparing a bid, and should not be construed as representing actual quantities to be purchased.

SECTION 2.0 TECHNICAL SPECIFICATIONS

2.1 Certification

Each Bidder that submits a bid must be certified by the Florida Department of Health (FDOH) to perform all required analyses, or must clearly indicate that they will secure the services of a subcontractor, who is certified to perform all required analyses. A copy of all applicable certifications must be submitted with the Bid.

The Bidder shall only perform test methods for which it currently holds National Environmental Laboratory Accreditation Conference (NELAC) certification. The Bidder shall also submit a copy of its current FDOH analyte sheet. The Bidder must immediately notify the Department whenever they are unable to perform the necessary test method, due to NELAC certification problems, or for any other reason.

2.2 Number of Samples

The Department cannot determine the exact number (quantities) of analyses that will be required for a particular parameter, or group of parameters for the various WTPs, WWTPs, or Monitoring Wells. Therefore, estimates of current requirements are shown in Attachment II, Schedule of Services page, and in the column identified as Est.

Tests Per Year. Unit prices will be established so that the operators at any Institution can order as many analyses as necessary to comply with the respective operating permits, and appropriate requirements of Chapter 62-600 and Chapter 62-550, Florida Administrative Code, (F.A.C.).

2.3 Sample Pickup

The Department’s staff will collect all samples, except the Giardia, Cryptosporidium, and Monitoring Well samples.

The Bidder shall be responsible for, and shall include in their bid price, all costs associated with collection of Giardia, Cryptosporidium, and Monitoring Well samples, field time, pick-up and/or transportation by U.S. Mail or courier service, for all the samples, and the specimen containers.

The Bidder will be required to establish a sampling plan in conjunction with the Department, to obtain all necessary samples in compliance with the various Institution’s permits, and Florida Department of Environmental Protection (FDEP) rules. The Bidder will need to work closely with the Department’s Operator at each Institution to schedule the sample collection and pick-up.

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 bid submission.

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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 bid.

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, 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, record 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.

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

Page 8 of 123 FDC ITB-15-142 disk. Results must reflect the same compound name as required by FDEP forms. Copies of the FDEP form 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 Bidder shall supply transportation of samples and containers complying with all holding times, as required by FDEP and FDOH regulations.

SECTION 3.0 NON-TECHNICAL SPECIFICATIONS

3.1 Modifications after Contract Execution

During the term of the Contract, the Department may unilaterally require changes (altering, adding to, or deducting from the specifications) provided such changes are within the general scope of this solicitation.

The Bidder may request an equitable adjustment in the price(s) or delivery date(s), if the change affects the cost or time of performance. Such equitable adjustments require the express written approval of the Department.

The Department shall provide written notice to the Bidder thirty (30) days in advance of any Department-required changes to the technical specifications, and/or scope of service, which affect the Bidder’s ability to provide the service as specified herein. Any changes, other than purely administrative changes, will require a written change order or formal Contract amendment.

3.2 Addition/Deletion of Items & Locations

The Department reserves the right to add or delete the number of services, in the resulting Contract, when considered to be in its best interest. Pricing shall be comparable to amounts awarded as a result of this ITB. Further, the Department reserves the right to add or delete Institutions and/or satellite facilities to the list of delivery locations, as specified within the Price Pages included within this ITB.

3.3 Delivery

The services provided, tests to be performed, and the frequency in which those tests shall be conducted as specified within Attachment II, Schedule of Services.

3.4 Mandatory Documentation

All Bidders must submit the following mandatory documentation with their bid:

A. Price Pages – Attachment III

B. Florida Preference Letter, as outlined in Section 4.8

C. Drug Free Workplace Certification – Attachment IV

D. Bidder’s Contact Information – Attachment V

Page 9 of 123 FDC ITB-15-142

E. Florida Department of Health Certification, as outlined in Section 2.0

F. Florida Department of Health Analyte Sheet, as outlined in Section 2.0

3.5 Records and Documentation

To the extent that information is utilized in the performance of the resulting Contract or generated as a result of it, and to the extent that information meets the definition of “public record,” as defined in Section 119.011(1), F.S., said information is recognized by the parties to be a public record and, absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any person upon request as provided in Chapter 119, F.S. The Vendor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the 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 Chapter 119, 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 Vendor does not transfer the records to the Department; and (d) upon completion of the Contract, transfer, at no cost, to the Department all public records in possession of the Vendor or keep and maintain public records required by the Department to perform the service. If the Vendor transfers all public records to the Department upon completion of the Contract, the Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Contract, the Vendor 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. Unless a greater retention period is required by state or federal law, all documents pertaining to the program contemplated by this RFP shall be retained by the Vendor for a period of five (5) years after the termination of the resulting Contract or longer as may be required by any renewal or extension of the Contract. Pursuant to Section 287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with the Contract, unless the records are exempt from Section 24(a) of Art. I of the State Constitution and Section119.07(1), F.S.

The Vendor further agrees to hold the Department harmless from any claim or damage including reasonable attorney’s fees and costs or from any fine or penalty imposed as a result of failure to comply with the public records law or an improper disclosure of confidential information and promises to defend the Department against the same at its expense.

3.6 Price Pages

The Bidder shall complete, sign, date, and return Attachment III, Price Pages. By submitting a Bid under this ITB, each Bidder warrants its agreement to the prices identified. Bids should be submitted with the most favorable pricing terms the Bidder can offer the State. Any modifications, counter offers, deviations, or challenges will not be accepted, and may render a bid non-responsive.

If the submitted Price Pages include inconsistencies, inaccuracies, or are incomplete, it may be rejected by the Department. All calculations will be reviewed and verified. The Department may correct mathematical errors; however, in the event of any miscalculation, unit prices shall prevail.

3.7 Purchasing Card Program (PCard)

The State of Florida has implemented use of a PCard, using the Visa platform. Upon mutual agreement of both parties, the Bidder may receive payments via the PCard in the same manner as other Visa purchases. To find out more about the State’s purchasing card program visit: www.dms.myflorida.com.

Page 10 of 123 FDC ITB-15-142 http://www.dms.myflorida.com/

3.8 Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the Department of Financial Services’ Toll Free Hotline, 1-800-342-2762.

3.9 Payment and Invoicing

The Contract resulting from this ITB will be at a fixed-rate. The Department will compensate the successful Bidder for the delivery of services, as specified in Attachment III. Price Pages. All charges must be billed in arrears in accordance with Section 215.422, F.S. The Department requires a single invoice per purchase order, on a monthly billing cycle, for commodities and services provided. The Bidder must include any and all supporting documentation, as well as its name, mailing address, tax identification (ID) number/FEIN, Contract number, Purchase Order Number, and dates of service.

3.10 Contract Management

3.10.1 Department’s Contract Manager

The Contract Manager for this Contract will be:

Mailing Address:

Bureau Chief, Business Operations Division of Facilities Management and Building Construction

Florida Department of Corrections 501 S. Calhoun Street Tallahassee, Florida 32399-2500

The Contract Manager may delegate the following functions to the Local Contract Coordinator:

A. Serve as the liaison between the Department and the Bidder;

B. Verify receipt of the deliverables from the Bidder, if applicable;

C. Submit requests for change orders, if applicable;

D. Review, verify, and approve invoices from the Bidder, if applicable;

E. Communicate with the Contract Administrator to process all amendments, renewals and termination of the Contract; and

F. Evaluate Bidder performance. This evaluation will be placed on file and will be considered if the Contract is subsequently used as a reference in future procurements.

3.11 Performance Measures and Financial Consequences

The Department desires to contract with a Bidder(s) who clearly demonstrates its willingness to be held accountable for the achievement of certain performance measures in successfully delivering services under any contract resulting from this ITB. Therefore, the Department has developed the following Performance Measures which shall be used to measure the awarded Bidder’s performance and delivery of services.

The Bidder(s) shall comply with all Contract terms and conditions upon Contract execution and the Department may monitor this compliance upon implementation of services to ensure that Contract requirements are being met. The Bidder(s) will be responsible for ensuring that all subcontractors who provide services adhere to all terms and conditions

Page 11 of 123 FDC ITB-15-142 of the Contract issued as a result of this ITB. Listed below are the key Performance Measures deemed most crucial to the success of the overall desired service delivery. The Bidder(s) shall ensure that the stated performance outcomes and standards (level of achievement) are met. The Bidder(s) expressly agrees to the imposition of financial consequences, in addition to all other remedies available to the Department by law. The Department’s Contract Manager, or designee, will provide written notice to the Bidder(s) of all financial consequences assessed, accompanied by detail sufficient for justification of assessment. Within ten (10) days of receipt of a written notice of demand for consequences due, the Bidder(s) shall forward payment to the Contract Manager. Payment shall be for the appropriate amount, be made payable to the Department, and be in the form of a cashier’s check or money order. As an alternative, the Bidder(s) may issue a credit, for the amount of the financial consequences due, on the next monthly invoice following imposition of consequences; documentation of the amount of consequences imposed shall be included with the invoice.

Performance Measures #1

Requirement: The Bidder shall provide analytical results timely.

Measure: Analytical results will be provided within seven (7) calendar days from the time of sampling, with the exception of the coliform analysis, which shall be reported within 24 hours. All results will be reported by email to the Department’s WWTP Operator.

Standard: 98% compliance per region, per month.

Financial Consequence: The Bidder shall be assessed Financial Consequences on a monthly basis, as applicable. A Financial Consequence of $15.00 will be imposed on the 8th calendar day (or second 24 hour period for coliform analytical results) after the request for service is made, if results have not yet been provided. An additional $2.00 will be imposed for each calendar day thereafter until results are provided. For the coliform analytical results only, the Financial Consequences commence after the expiration of 24 hours.

Performance Measures #2

Requirement: The Bidder shall comply with the Terms and Conditions of the resultant Contract.

Measure: Compliance with all other Contract requirements, including, but not limited to the following:

A. Accuracy, thoroughness, and timely submission of invoicing, supporting documentation and reports;

B. All Corrective Action Plans shall be timely submitted (when applicable);

Standard: 95% annual compliance with all requirements

Financial Consequence: The Bidder shall be assessed Financial Consequences, on an annual basis, as applicable, in accordance with the following formula:

(Total annual value of the Contract)(Number of unresolved deficiencies identified)(0.1%)

Example: $18,187.50 x 12 months = $218,250 Total annual Contract value For two (2) unresolved deficiencies, ($218,250)(2)(0.001)=$436.50

The standard for each performance measure must be met for the amount of time specified. The Bidder(s) shall advise the Department, in writing, of any extenuating or mitigating circumstances that will prohibit them from meeting the above-outlined performance measure standards. By execution of any Contract resulting from this ITB, the awarded Bidder(s) hereby acknowledges and agrees that its performance under the resulting Contract shall meet the standards set forth above. Any failure by the awarded Bidder(s) to achieve the Performance Measures identified above will result in

Page 12 of 123 FDC ITB-15-142 assessment of Financial Consequences. Any such assessment and/or subsequent payment thereof shall not affect the Bidder’s obligation to provide services as required by this ITB.

3.12 Contract Monitoring

The Department’s Contract Manager, designee, or the Local Contract Coordinator, will perform monitoring, during the term of the Contract, not less than twice a year to ensure Contract compliance. Monitoring shall include periodic review of compliance with Contract service delivery and review of all Contract requirements. The Department reserves the right for any of its staff to make scheduled, or unscheduled, announced, or unannounced, monitoring visits at any site where services are delivered.

When instances of non-compliance are identified in the monitoring report, the Bidder shall submit a written Plan to the Contract Manager, designee, or the Local Contract Coordinator within the timeframe specified by the Department.

If necessary, a follow-up monitoring visit shall be scheduled by the Contract Manager, designee, or the Local Contract Coordinator to ensure compliance and performance improvement. Failure by the Bidder to correct the items identified as being deficient, including staffing patterns, shall be considered a breach of the Contract.

The Department may utilize any or all of the following monitoring methodologies while monitoring the Bidder’s performance under the Contract, and in determining compliance with Contract terms and conditions:

A. Site Visits (announced and/or unannounced);

B. Desk review(s) of records related to service delivery (shall include any documents and databases pertaining to the Contract, and may be based on all documents and…