CN-700000-17024-AMD #5.pdf

Amendment #5

ATC-17-024

Laboratory Analysis on Water Treatment Plants, Wastewater Treatment Plants and

Groundwater Wells

This Amendment (“Amendment”), effective the date fully executed below, to Agency Term Contract ATC-17-024 (“Contract”) is between the State of Florida, Department of Corrections (“Department”) and Flowers Chemical Laboratories, Inc. (“Contractor”). The Department and Contractor are collectively referred to herein as the “Parties,” and individually as a “Party.” All capitalized terms used here in shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0 RENEWAL

In accordance with Section III. Renewal Terms, the above-referenced Contract ATC-17-024 is hereby renewed for a five (5) year term, ending March 9, 2027.

2.0 MODIFICATIONS

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

2.1 Section VII. Contract Management, is 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. Calhousn St. Street, Suite 327 328 Tallahassee, FL 32399 Telephone: (850) 717-3700 Email: purchasing@fdc.myflorida.com

The Department's Contract Manager is:

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

The Department may appoint a different Contract Administrator or Manager, which will not require an amendments to the Contract, by sending written notice to mailto:purchasing@fdc.myflorida.com mailto:Merideth.Middleton@fdc.myflorida.com

Amendment #5 Page 2 of 8 noticeto the Contractor. Any communication to the Department relating to the Contract shall be addressed to the Department's Contract Manager, or designee.

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

Primary Contact: Contractor’s Representative:

Flowers Chemical Laboratories, Inc.

Jefferson S. Flowers, President 481 Newburyport Avenue Altamonte Springs, Florida 32701 32715-0597 Telephone: (407) 339-5984 ext. 219 Email: jeff@flowerslabs.com

All questions and customer service issues concerning this Contract shall be directed to the Contractor's designated representative contact(s), above. It will be the designated representative’s 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's Contract Manager, or designee, if a new employee is designated as representative the contact person for this Contract.

2.2 Section X. Subcontracts, is revised as follows:

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 functions obligations under this Contract. No subcontract, into which the Contractor enters with respect to performance of any obligations, of its functions under this Contract, 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 under this Contract. All subcontractors are subject to the same background check requirements referenced in Exhibit A.

2.3 Section XI. Price Adjustments, is revised as follows:

XI. Price Adjustments Decreases

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. All prices are firm and shall be held for the duration of the Contract term. Equitable price adjustments shall only be considered if they are received and justified in accordance with the PUR 1000, as referenced in Exhibit A.

mailto:jeff@flowerslabs.com

Amendment #5 Page 3 of 8

2.4 Section XIII. Other Conditions, A. Public Records, second paragraph, is revised as follows:

A. Public Records

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) 717-3605 Fax: (850) 922-4355

Email: CO.PublicRecords@fdc.myflorida.com Website:https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurv khn004wtw1eymm15f4x))/SupportHome.aspx

2.5 Section XIII. Other Conditions, C. Disputes, is revised as follows:

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 Department’s Chief Financial Officer (FCO) (CFO), or designee. The Department’s CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Parties Contractor’s representative, the Contract Managers, and the Department’s Contract Administrator.

2.6 Section XIII. Other Conditions, G. Employee Status, is revised as follows:

G. Employee Independent Contractor Status

This Contract does not create an employee/employer relationship between the pParties. 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 pParties 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 mailto:CO.PublicRecords@fdc.myflorida.com

Amendment #5 Page 4 of 8 each individual pParty. Services provided by each party pursuant to this Contract shall be subject to the supervision of each pParty. In providing such services, neither pParty nor its agents shall act as officers, employees, or agents of the other pParty. The pParties 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 venture or employment relationship between the pParties, and neither pParty will be liable for any obligation incurred by the other pParty, including, but not limited to, unpaid minimum wages and/or overtime premiums.

2.7 Section XIII. Other Conditions, K. Scrutinized Companies Contractor Certification, is revised as follows:

K. Scrutinized Companies 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. 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 Israel List, or is engaged in a boycott of Israel, or has engaged in business operations 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.

2.8 Section XIV. Delivery, is revised as follows:

Product(s) shall be shipped as Freight Free on Board (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.

2.9 Exhibit A, FDC ITB-15.142 and all Addenda; Section 2.4 Sample Analysis is revised as follows:

Samples shall be analyzed according to current acceptable methodologies to the

Environmental Protection Agency (EPA), FDEP and the FDOH. The necessary analytical wor4k must be done by a FDOH and NELAC Certified Lab. All analyses must be performed by the Bidder in its facilities, by its personnel.

Amendment #5 Page 5 of 8

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.

The Department may request testing or 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 III – 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 (MDL) for each consti8tuent 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 required 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 shll 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.

Amendment #5 Page 6 of 8

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 WWRP Operator via phone and email is required whenever parameters exceed the MCL, or fall outside acceptable permit limits.

Routine analyses shall be performed on a daily, weekly, bi-weekly, monthly, quarterly, bi-annual, or annual basis, as appropriate. All routine analytical results shall be reported within seven (7) calendar ten (10) Business dDays from the time of pick-up, or within a period mutually agreed between the Contractor and the Department in a written request previous to sample collection, with the exception of the coliform analysis which shall be reported within 24 hours, by email to the Department’s WWTP Operator. All non-routine analytical results shall be reported to the Department’s WWTP Operator by email within a period from the time of pick-up mutually agreed between the Contractor and the Department in a written request previous to sample collection.

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 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 condition s 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.

2.10 Exhibit A, FDC ITB-15-142 and all Addenda; Section 3.11 Performances

Measures and Financial Consequences, Performance Measures #1 is revised as follows:

Performance Measures #1

Requirement: The Bidder Contractor shall provide routine analytical results timely.

Measure: Routine Aanalytical results will be provided within seven (7) calendar ten (10) Business dDays from the time of sampling pick-up, or within a period mutually agreed between the Contractor and the Department in

Amendment #5 Page 7 of 8 a written request previous to sample collection, with the exception of the coliform analysis on drinking water, 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 Per occurrence.

Financial Consequence: The Bidder Contractor shall be assessed Ffinancial Cconsequences on a monthly basis, as applicable. A Ffinancial Cconsequence of $15.00 will be imposed on the 8th 11th calendar Business dDay, or next Business Day for the period mutually agreed between the Contractor and the Department in a written request previous to sample collection, (or second 24 hour period for coliform analytical results pertaining to drinking water) after the request for service is made, if results have not yet been provided. An additional $2.00 will be imposed assessed for each calendar day thereafter until results are provided. For the coliform analytical results on drinking water only, the Ffinancial Cconsequences commence after the expiration of 24 hours.

3.0 CONFLICT

To the extent of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force.