CN-700000-17025-AMD #6.pdf

Amendment #6

ATC-17-025

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-17-025 (“Contract”), is between the State of Florida, Department of Corrections (“Department”), and Pace Analytical Services, LLC (“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.

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 327 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;

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:

Pace Analytical Services, LLC Michael F. Valder, Senior Account Executive Pace Analytical Services 250 Central FL Parkway Orlando, Florida 32824 Telephone: 813-340-8100 Email: Mike.Valder@pacelabs.com

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 event 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 delivered by certified mail (return receipt requested), facsimile, by other method of delivery 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.

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.

C. Termination for Cause:

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 Chapter 60A-1, Florida Administrative Code (F.A.C.)Section 287.1351, F.S. The provisions herein do not limit the Department's right to remedies at law or in equity.

E.D. Termination for Unauthorized Employment

The Contractor’s Vviolation of the provisions of Section 274A of the Immigration and Nationality Act shall be grounds for unilateral cancellation of the 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, into which the Contractor enters with respect to performance of any 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 under this contract. All subcontractors are subject to the same background check requirements referenced in Exhibit A.

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, regardless of function, shall comply with the Department’s security requirements, 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 the contract between the Department and the Contractor.

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

1.6 Section XI. Price Decreases, is hereby replaced in its entirety:

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.

The Contractor shall apply to the Department any price decrease effectuated during the Contract term by reason of market change or special sales offered to other customers. Such a price decrease applies regardless of whether any related equipment is rented or leased by the Department under the Contract. Price increases are rejected, 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, Section (4)(e).

1.7 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 Department’s custodian of public records, provide the Department with a copy of the requestedrelated 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 cChapter 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 Contractor does not transfer the records to the Department; upon Contract expiration or termination; 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 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 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 §Section 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 §Section 24(a) of Art. I of the State Constitution and §Section 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) 717-3605717-9744 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 individuals receiving services in accordance with applicable local, state, and federal laws, rules, and regulations. The Department and the Contactor 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 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. Independent 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 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 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. This Agreement is not 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 unforeseeable 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 Subcontractor, 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 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 that Boycott Isreal List, or is engaged in a boycott of Isreal, or has engaged in business operation in Cuba or Syria as stated in Section 287.135(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, or any amount, must certify that the company is not participating in a boycott of Israel.

In executing this contract, the Contractor certifies the following:

a) If a contract is for goods or services of any amount, the Contractor certifies:

It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

It is not currently engaged in a boycott of Israel.

b) If a contract for goods or services could be at or above $1 million, the Contractor also certifies:

It is not listed on the Scrutinized Companies with Activities in Sudan List;

It is not listed on the Scrutinized Companies with Activities in Iran

Terrorism Sectors List; as identified under Section 215.473, F.S.; and It does not have business operations in Cuba or Syria, as defined in

Section 287.135(1)(c), F.S.

c) The Contractor agrees that the Agency can immediately terminate the Contract for cause or disqualify the Contractor from further consideration of a contract, if the following is discovered:

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

The Contractor is placed on a list created pursuant to Section 215.473, F.S., relating to scrutinized active business operations in Iran; or The Contractor is found to have been placed on the Scrutinized

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

d) The Contractor understands the following:

The Agency may, on a case-by-case basis, make exceptions to these requirements as permitted in Section 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 Section 287.135(6), F.S.

e) The Contractor understands the following:

In executing this Contract, the Contractor understands that pursuant to Section 287.1346, F.S., a Vendor on the Forced Labor Vendor List may not:

Submit a bid, proposal, or reply on a contract to provide any commodities to an agency.

Be awarded a contract or perform work as a contractor, supplier, subcontractor, or consultant with an agency for the provision of commodities.

Transact business for the provision of commodities with any agency.

Additionally, an agency may not accept a bid, proposal, or reply from; award a contract to; or transact business pertaining to the provision of commodities with a Vendor on the Forced Labor Vendor List, or an entity under the control of such Vendor, for a period of 365 days after the date the Vendor was placed on the list unless the Vendor is removed from the list pursuant to Section 287.1346(5)(d), 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.

Section XIV. III. Other Conditions, 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 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 Contractor has provided proof of its E-Verify registration.

c) The Contractor understands that it shall be unlawful for any person to knowingly employ, hire, recruit, or refer, either for themselves 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 Statute 448.09, F.S.

d) The primary Contractor 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 Contractor certifies that it will provide subcontractor affidavit(s) to the Department at any time the Department requests.

1.8 Section XIV. Delivery, is hereby added as follows:

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.

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

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

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.

1.10 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 bid 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, 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 cleaned 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 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 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.

1.11 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.

Performance Measure #4

Requirement: The Contractor shall provide verbal laboratory analysis results to the Department.

Measure: 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.

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.

Measure: 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.

at $100.00 per hour, or part thereof, the Department receives follow-up written laboratory analysis results by email after two (2) hours.

REVISED

EXHIBIT B, PRICE PAGE

FDC ATC-17-025

REGION III

PARAMETERS FOR WATER TREATMENT PLANT TESTING

Item Description Regular Unit Price

Estimated Annual

Quantity

Estimated Regular Annual Price

Emergency Unit Prices

After Business Hours and Weekends Holidays

Asbestos (Fed# 1094) 62-550.511 $115.50 8 $924.00 $231.00 $346.50

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

Nitrate (Fed # 1040) $9.24 8 $73.92 $18.48 $27.72

Nitrite (Fed # 1041) $9.24 8 $73.92 $18.48 $27.72

Total Nitrogen $27.72 84 $2,328.48 $55.44 $83.16

Nitrate Nitrite Nitrogen $9.24 84 $776.16 $18.48 27.72

Total Phosphorus $17.33 84 $1,455.72 $34.66 $51.99

Ortho Phosphorus $9.24 84 $776.16 $18.48 $27.72

Inorganics/62-550(3) & 550.513

Antimony (Fed# 1074) $9.24 8 $73.92 $18.48 $27.72

Arsenic (Fed# 1005) $9.24 8 $73.92 $18.48 $27.72

Barium (Fed# 1010) $9.24 8 $73.92 $18.48 $27.72

Beryllium (Fed# 1075) $9.24 8 $73.92 $18.48 $27.72

Cadmium (Fed# 1015) $9.24 8 $73.92 $18.48 $27.72

Chromium (Fed# 1020) $9.24 8 $73.92 $18.48 $27.72

Cyanide, as free Cyanide (Fed# 1024) $57.75 8 $462.00 $115.50 $173.25

Fluoride (Fed# 1025) $9.24 8 $73.92 $18.48 $27.72

Lead (Fed# 1030) $9.24 8 $73.92 $18.48 $27.72

Mercury (Fed# 1035) $23.10 8 $184.80 $46.20 $69.30

Nickel (Fed# 1036) $9.24 8 $73.92 $18.48 $27.72

Selenium (Fed# 1045) $9.24 8 $73.92 $18.48 $27.72

Sodium (Fed# 1052) $9.24

$73.92

$18.48 $27.72

Thallium (Fed# 1085) $9.24 8 $73.92 $18.48 $27.72

Chlorine $11.55 25 $288.75 $23.10 $34.65

Chloramines $11.55 25 $288.75 $23.10 $34.65

Chlorine Dioxide $9.24 5 $46.20 $18.48 $27.72

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

Total Trihalomethanes (TTHM) (Fed# 2950) $40.43 30 $1,212.90 $80.86 $121.29

Haloacetic Acids (Five) (HAA5) (Fed# 2456) $98.18 30 $2,945.40 $196.36 $294.54

Bromate (Fed# 1011) $40.43 3 $121.29 $80.86 $121.29

Chlorite (Fed# 1009) $40.43 3 $121.29 $80.86 $121.29

Volatile Organics/62-550.500(3) & 550.515

1,1-Dichloroethylene (Fed# 2977) $86.63 8 $693.04 $173.26 $259.89

Synthetic Organics/62-550(3) & 550.516

2,3,7,8-TCDD (Dioxin) (Fed# 2063) $259.88 8 $2,079.04 $519.76 $779.64

2,4-D (Fed# 2105) $121.28 8 $970.24 $242.56 $363.84

Alachlor (Fed# 2051) $86.63 8 $693.04 $173.26 $259.89

Benzo(a)pyrene (Fed# 2306) $132.83 8 $1,062.64 $265.66 $398.49

Carbofuran (Fed# 2046) $80.85 8 $646.80 $161.70 $242.55

Dibromochloropropane (DBCP) (Fed# 2931) $40.43 8 $323.44 $80.86 $121.29

Diquat (Fed# 2032) $86.63 8 $693.04 $173.26 $259.89

Endothall (Fed# 2033) $109.73 8 $877.84 $219.46 $329.19

Glyphosate (Fed# 2034) $63.53 8 $508.24 $127.06 $190.59

Physical Characteristics/62-550.517

Turbidity $17.33 72 $1,247.76 $34.66 $51.99

Microbiological Contaminants/62-550.518 &62-550.500(3)

Total Coliform Bacteria $28.88 366 $10,570.08 $57.76 $86.64

Naturally occurring radionuclides/62-550.500(3) & 550.519

Combined Radium-226 and radium-228 $138.60 8 $1,108.80 $277.20 $415.80

Gross alpha particle activity, including radium-226 but excluding radon and uranium

$40.43 8 $323.44 $80.86 $121.29

Uranium $28.88 8 $231.04 $57.76 $86.64

Secondary contaminants/62-550.500(3) & 550.520

Alkalinity SM 23220B $17.33 1 $17.33 $34.66 $51.99

Aluminum (Fed# 1002) $9.24 8 $73.92 $18.48 $27.72

Chloride (Fed# 1017) $9.24 8 $73.92 $18.48 $27.72

Copper (Fed# 1022) $9.24 8 $73.92 $18.48 $27.72

Fluoride (Fed# 1025) $9.24 8 $73.92 $18.48 $27.72

Iron (Fed# 1028) $9.24 8 $73.92 $18.48 $27.72

Manganese (Fed# 1032) $9.24 8 $73.92 $18.48 $27.72

Silver (Fed# 1050) $9.24 8 $73.92 $18.48 $27.72

Sulfate (Fed# 1055) $9.24 8 $73.92 $18.48 $27.72

Zinc (Fed# 1095) $9.24 8 $73.92 $18.48 $27.72

Color (Fed# 1905) $11.55 8 $92.40 $23.10 $34.65

Odor (Fed# 1920) $28.88 8 $231.04 $57.76 $86.64 pH (Fed# 1925) $5.78 8 $46.24 $11.56 $17.34

Total Dissolved Solids (TDS) (Fed# 1930) $17.33 8 $138.64 $34.66 $51.99

Foaming Agents (Fed# 2905) $63.53 9 $571.77 $127.06 $190.59

Copper/40 CFR 141, Subpart 1 $9.24 74 $683.76 $18.48 $27.72

Lead/40 CFR 141, Subpart 1 $9.24 74 $683.76 $18.48 $27.72

Total Price Each Column: $38,125.48 $4,419.26 $6,628.89

GRAND TOTAL ESTIMATED PRICE FOR WATER TREATMENT PLANT TESTING: $49,173.63

PARAMETERS FOR WASTEWATER TREATMENT PLANT TESTING

Item Description Regular Unit Price

Estimated Annual

Quantity

Estimated Regular Annual Price

Emergency Unit Prices

After Business Hours and Weekends Holidays

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

Nitrate Nitrite Nitrogen $9.24 60 $554.40 $18.48 $27.72

Total Phosphorus $17.33 60 $1,039.80 $34.66 $51.99

Ortho Phosphorus $9.24 60 $554.40 $18.48 $27.72

Total Kjeldahl Nitrogen $17.33 60 $1,039.80 $34.66 $51.99

Ammonia Nitrogen $11.55 60 $693.00 $23.10 $34.65

Raw Wastewater

Carbonaceous Biochemical Oxygen Demand (CBOD5) $23.10 124 $2,864.40 $46.20 $69.30

Total Suspended Solids (TSS) $17.33 124 $2,148.92 $34.66 $51.99

Soil and Waste PH Testing

Per EPA 9045 $5.78 2 $11.56 $11.56 $17.34

Surface Water (AVON PARK CI) $2,367.75 2 $4,735.50 $4,735.50 $7,103.25

Treated Effluent

Carbonaceous Biochemical Oxygen Demand (CBOD5) $23.10 138 $3,187.80 $46.20 $69.30

Total Suspended Solids (TSS) $17.33 138 $2,391.54 $34.66 $51.99

Fecal Coliform $17.33 138 $2,391.54 $34.66 $51.99

Boron $9.24 89 $822.36 $18.48 $27.72

Ammonia $11.55 59 $681.45 $23.10 $34.65

Chloride $9.24 35 $323.40 $18.48 $27.72

Sulfate $9.24 8 $73.92 $18.48 $27.72

Turbidity $17.33 58 $1,005.14 $34.66 $51.99

Nitrite & Nitrate $9.24 110 $1,016.40 $18.48 $27.72

Specific Conductivity $5.78 8 $46.24 $11.56 $17.34

Temperature $5.78 8 $46.24 $11.56 $17.34

Dissolved Oxygen $5.78 59 $341.02 $11.56 $17.34

Total Dissolved Solids $17.33 59 $1,022.47 $34.66 $51.99 pH $5.78 183 $1,057.74 $11.56 $17.34

Sodium $9.24 8 $73.92 $18.48 $27.72

Arsenic $9.24 5 $46.20 $18.48 $27.72

Cadium $9.24 5 $46.20 $18.48 $27.72

Chromium $9.24 5 $46.20 $18.48 $27.72

Cryptosporidium $808.50 5 $4,042.50 $1,617.00 $2,425.50

Primary Drinking Water Standard $1,592.75 2 $3,185.50 $3,185.50 $4,778.25

Secondary Drinking Water Standard $210.21 2 $420.42 $420.42 $630.63

Chronic Whole Effluent Toxicity (Ceriodaphnia) $2,079.00 8 $16,632.00 $4,158.00 $6,237.00

Ground Water Monitoring Wells

Carbonaceous Biochemical Oxygen Demand (CBOD5) $23.10 48 $1,108.80 $46.20 $69.30

Total Suspended Solids (TSS) $17.33 48 $831.84 $34.66 $51.99

Arsenic $9.24 40 $369.60 $18.48 $27.72

Fecal Coliform $17.33 120 $2,079.60 $34.66 $51.99

Cadmium $9.24 39 $360.36 $18.48 $27.72

Cromium $9.24 39 $360.36 $18.48 $27.72

Lead $9.24 39 $360.36 $18.48 $27.72

Boron $9.24 20 $184.80 $18.48 $27.72

Ammonia $11.55 20 $231.00 $23.10 $34.65

Chloride $9.24 120 $1,108.80 $18.48 $27.72

Sulfate $9.24 39 $360.36 $18.48 $27.72

Turbidity $115.50 120 $13,860.00 $231.00 $346.50

Nit…