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Backup Documents 02/13/2024 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO RECEIt6 8 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the CI T CA1(314OZ4 Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Management Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initialsti'ls Date 1. Risk Risk Management �J�r 413/2t f' 2. County Attorney Office County Attorney Office 0011 4. BCC Office Board of County / Commissioners ( py JJ 2ji ZY 4. Minutes and Records Clerk of Court's Office ( b Ic, 111 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas/Procurement Contact Information 239-252-2220 Contact/Department Agenda Date Item was February 13, 2024 Agenda Item Number 16.B.1.44 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A I23-81491 Eurofins number if document is Eurofins Environment to be recorded Environment Testing Southeast, Testing Southeast, LLC LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ON B document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 13,2024,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County sag fi! an option for Attorney's Office has reviewed the changes,if applicable. !his line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 500 an option for Chairman's signature. this line. 16 Ri FIXED TERM SERVICE AGREEMENT # 23-8149 for Laboratory Services f THIS AGREEMENT, made and entered into on this day of C ebtW°` 1 2021 , by and between Eurofins Environment Testing Southeast, LLC authorized to do business in the State of Florida, whose business address is 5012 La Roche Avenue, Savannah, GA 31404 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑ ; or [ on March 23, 2024 and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES, The Contractor shall commence the work upon issuance of a I Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of 0 Request for Proposal (RFP) n n Other ( )# 23-8149 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. * The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2023_ver.2] CAO RI 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): • • 411e-risks-are r transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the is authorized. Time�+ncl Alai �TPiI"t'Y��AI'TC1�-fW�� time spent by the contractor's employees and subcontractors to perform the work(number materials plus the contractor's markup). This methodology is generally used in projects in that the project requirements would most likely change. As a general business practice, these contracts include back up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor} documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 R1 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4� n . Travel—and • Mileage $0,44,5-per-F141e Breakfast $C37-90, hbigeh $41.00 Airfare _ Actual ticket cost limited to tourist or coach class fare Rental car • e vehicles Parking • • • Taxi or Airport Limousine Actual cost of either taxi or airport limousine Reimbursable items other than travel expenses shall be limited to the following: telephone • ieitatiens t4rvelertakeaRt--te4h4s-Agreemeat, 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Eurofins Environment Testing Southeast, LLC Address: 481 Newburyport Avenue Altamonte Springs, FL 32701 Authorized Agent: Robert Dempsey, President Attention Name & Title: Telephone: (717) 209-1987 E-Mail(s): Robert.Dempsey@et.eurofinsus.com Page 3 of 17 Fixed Term Service Agreement [2023_ver.2] 6 P All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Captial Project Planning, Impact Fees, and Program Mgmt Division Director: Beth Johnssen Address: 2685 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Danette Kinaszczuk, Manager-Pollution Control Telephone: (239) 252-5032 E-Mail(s): Pollution_Control@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement 12023_ver.2] CAO 16 Ri the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. D. n Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. - per claim. Page 5 of 17 Fixed Term Service Agreement [2023_ver.2] * 6 P ❑ : Coverage shall have minimum limits of$ per claim. • 6- ❑ . shall have minimum limits of$ per claim/Occurrence. # ❑ : Coverage shall have minimum limits of$ per claim/Occurrence. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement [2023 ver.2] 1 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Captial Project Planning, Impact Fees, and Program Management _ 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services, Exhibit B Fee Schedule, • RFP/ . Other #23-8149 ,_including Exhibits, Attachments and Addenda/Addendum, n ssegr oRt q � t� 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023_ver.2] 16 P1 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest( colliercountyfl.r o The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2023_ver.2] 16P1 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. . 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. I I CLEAN UP. cite, as well as all tools, applianccs, construction cquipmcnt and machincry and surplus m Fr.ri�Ir . nrJ hill lonio+LZ4 Dr�inn�_r_i4a.ntg.�� PP1 C:��w'1'YT:Y`�"1T!'YY: YIT'�i'G'L]'V"G—"Crl_"1—TO�Ca�JIICa T.s R.a 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2023_ver.2] 16 R1 25. ❑ WARRANTY, Contractor expressly warrants that the goods, materials and/or • and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. ri A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work er materials of the County or County's separate B. Contractor shall not load nor permit any part of any structure to be loaded in any • • • Page 10 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. I . • Page 11 of 17 Fixed Term Service Agreement [2023_ver.2] CIO 16 RI dates. The Contractor shall not change Kcy Personnel unless the following conditions aro met: (1) Proposed replacements have • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. ❑■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n a ded):_-1 -between....er s-aad6 =the-Go~--Beaff-a p ed . y-ceri a atio , 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. It required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 12 of 17 Fixed Term Service Agreement [2023_ver.2] LAW 16 B1 four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank -signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16B1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller BY: \ By: __e_Aeaklak Dated: I b,1tt as to Chairman s Chris Hall, Chairman (SEAL) signature only. Eurofins Environment Testing Southeast, LLC Contractor's Witnesses: Contractor Br Contractor's First Witness Signature ��es r Reber-t DernPsc . . x f �{O4( TType/print signature anePtitleT TType/print witness nameT Contractor's Second Witness &cxccxh C l auk TType/print witness namel Ap ved as to Form d Legality: Count Attorney Pri t Name Page 14 of 17 Fixed Term Service Agreement ft [2023_ver.2] 0 16 R1 Exhibit A Scope of Services following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2023_ver.2] �Q c' Request for Proposal (RFP) 23-8149 1 6 J3 1 "Laboratory Services" EXHIBIT A SCOPE OF SERVICES This Agreement is for experienced commercial laboratories to provide laboratory analyses and reporting services. The services required are in the following categories: The terms "Vendor" and"Contractor"may be used interchangeably throughout this Agreement. Award Criteria This Agreement is to be awarded on a Primary/Secondary basis, per category, as follows: Category A: Water Division Primary: Advanced Environmental Laboratories, Inc. Secondary: Pace Analytical Service, LLC Category B: Wastewater Division Primary: Pace Analytical Service, LLC Secondary: Eurofins Environment Testing Southeast,LLC Category C: Environmental Water—Pollution Control Primary: Pace Analytical Services, LLC Secondary: Eurofins Environment Testing Southeast,LLC Category D: Algae& Toxins—Pollution Control Primary: Eurofins Environment Testing Southeast, LLC Category E: Isotopes—Pollution Control Primary: Eurofins Environment Testing Southeast, LLC Category F: qPCR DNA Bacteria-Pollution Control—NO AWARD Category G: PFAS—Pollution Control Primary: Pace Analytical Service, LLC Secondary: Eurofins Environment Testing Southeast, LLC Should the Primary Vendor not be able to perform the services per the specifications outlined under this Agreement, as documented in writing,the County may move to the Secondary Vendor to perform the required services. Page 1 of 4 Exhibit A—Scope of Services CAO 6 R1 Request for Proposal (RFP) 23-8149 "Laboratory Services" DETAILED SCOPE OF WORK 1. General Vendor Requirements: a. The Vendor must supply sample kits within 48 hours of request.The kits must contain properly pre-cleaned/pre-preserved/pre-labeled(or required preservatives in a separate container)sample containers(tightly sealed),coolers, electronic chain of custodies,shipping account info/packing slips or QC samples(e.g.trip blanks)at no cost to the County.The Vendor must pay for all shipping costs associated with sample kits. b. The Vendor must pay for all shipping costs of sending samples to their sub-contracted laboratory(s). c. Provide reports in Excel, and PDF. Both formats may be required,depending on the project. Electronic Data Deliverables(EDDs)must have no critical errors. Should critical errors be identified,data provider must revise the EDD. d. Results must be available within ten(10)business days after receipt of the samples by the laboratory. e. All results reported must include the program/project name,the County's ID number,station,name of the analyte, result qualifier, detection limit, practical quantitation limit, dilution used, preservative(s) used, the date/time collected/received, date/time analysis performed, and analyst name, laboratory certification number(including subcontractors)and method used. f. Results for samples that have multiple analytes shall be listed on one report sheet. Results for samples with a single analyte can be combined in table form. g. Laboratory must notify the applicable County section representative via email: 1. Within 24 hours of sample receipt if analysis cannot be performed. 2. If the sample can't be analyzed without qualifying the data due to the following reasons: sample out of hold,out of temperature,or improperly preserved, insufficient sample volume or the sample was broken in transit. Once notified,the County will decide whether the laboratory should continue with the analyses. If the County has not been contacted or decides not to go forward with the analyses due to it needing to be qualified, the County will not pay for the analyses. h. In the event samples are lost by the Lab or not properly analyzed(incorrect analytes analyzed, samples analyzed beyond approved holding times without County authorization,etc.)the vendor will be liable for costs incurred by the County for collecting additional samples. i. The County reserves the right to reject without charge any data that is qualified due to vendors failure and the vendor is responsible for the cost of resampling and shipping. j. If a rush charge is needed to analyze sample to avoid data being analyzed out of hold due to the County submitting a sample outside a reasonable holding time,that rush charge must be authorized by the County. k. The County can request results within 72 hours. A rush fee may be applicable. 1. Laboratories may subcontract a portion of the analysis to other facilities,i.e. cyanotoxins. The other facilities are subject to the same requirements in this contract. The Vendor must be responsible for the cost of all packing and shipping of samples and containers that will be sent to other laboratories for subsequent analysis. m. The County shall not be charged a sample disposal fee. Page 2 of 4 Exhibit A—Scope of Services CAO 16 R1 Request for Proposal (RFP) 23-8149 "Laboratory Services" n. Should the initial and re-analysis fail and not support the validity of results the county may withhold payment for analysis of the specific analytes failing the validation test. o. Results must be signed by the QA/QC officer or his/her representative of the company verifying the authenticity of the analyses. p. The Vendor must complete all Chain of Custody forms as appropriate and return the original completed forms to appropriate County Department/Division. q. For all analyses,results should be reported within the linear range and below the highest calibration standard. r. Samples shall not be diluted to produce a result that is below the detection limit at an elevated level of detection. s. Data qualifiers shall follow 62-160 F.A.C. t. The County reserves the right to site audit the awarded Laboratory(s)facility. 2. Category A—Additional Requirements a. All Drinking Water Division analytical results must be on,or accompanied by, signed"Public Drinking Water Analysis Reporting Forms." All reporting forms shall be current Florida Department of Environmental Protection(FDEP)approved forms. b. The Vendor must notify applicable County Division within 24 hours of analysis if a result exceeds a drinking water Maximum Contaminant Level(MCL). c. All drinking water samples shall be analyzed using only approved drinking water methods per 40 C.F.R. §§141.21, 141.23, 141.24, 141.25, 141.27, 141.74, 141.89, 141.131, 141.402, 141.704, 141.852,and 143.4 and Appendix A to 40 C.F.R. Part 141, Subpart C d. Maintain accreditation through The NELAC Institute(TNI). e. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. f. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. g. All laboratory analytical reports must comply with 62-160,F.A.C. h. Provide reports in all the following formats: Watershed Information Network(WIN), Excel,and pdf. Multiple formats may be required, depending on the project.Electronic Data Deliverables (EDDs)must have no critical errors. Should critical errors be identified,the data provider must revise the EDD. i. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. 3. Category B—Additional Requirements a. All Wastewater Division samples must be analyzed using analytical test methods and method detection limits(MDLs)sufficiently sensitive to ensure compliance with applicable water quality standards and effluent limitations in accordance with Rule 62-4.246, Chapters 62-160 and 62- 600, F.A.C., and 40 CFR 136,as appropriate.A list of established analytical methods, and corresponding MDLs(method detection limits)and PQLs(practical quantitation limits),which is titled"FAC 62-4 MDL/PQL Table(November 10,2020)" is available at https://floridadep.gov/dear/quality-assurance/content/quality-assurance-resources.The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values. Page 3 of 4 Exhibit A—Scope of Services CAD 16P1 Request for Proposal (RFP) 23-8149 "Laboratory Services" b. Approved analytical methods identified in Rule 62-620.100(3)(j),F.A.C., shall be used for the analysis. If no method is included for an analyte,methods specified in Chapter 62-550, F.A.C., shall be used. c. Maintain accreditation through The NELAC Institute(TNI. d. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. e. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. f. All laboratory analytical reports must comply with 62-160,F.A.C. g. Provide reports in all the following formats:pdf. Should critical errors be identified,data provider must revise the report. h. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. 4. Category C—Additional Requirements a. All samples must be analyzed using the approved methods listed in 40 CFR 136 and in accordance with Rule 62-4.246,Chapters 62-160, 62-600, 62-550,62-770 F.A.C.,and other relevant chapters as appropriate. b. Method detection limit(MDL)and practical quantitation limit(PQL)must be sufficiently sensitive to fall below the criteria listed within the above F.A.C.s. c. Maintain accreditation through The NELAC Institute(TNI). d. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. e. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. f. All laboratory analytical reports must comply with 62-160,F.A.C. g. Provide reports in all the following formats: Watershed Information Network(WIN),Excel,and pdf. Multiple formats may be required,depending on the project. Electronic Data Deliverables (EDDs)must have no critical errors. Should critical errors be identified, data provider must revise the EDD. h. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. i. Listed Reference Methods in Category C on the Price List may change due to regulatory updates to the list of approved methods to reflect and advances in technology.These are included solely for reference by department environmental professionals and are unrelated to vendor invoices or payments. 5. Category D—Additional Requirements-None 6.Category E—Additional Requirements-None 7.Category F—Additional Requirements-None 8.Category G-Additional Requirements Provide reports in all the following formats: Watershed Information Network(WIN), Excel,and pdf. Multiple formats may be required,depending on the project.Electronic Data Deliverables(EDDs)must have no critical errors. Should critical errors be identified,data provider must revise the EDD. Page 4 of 4 Exhibit A—Scope of Services CAD I S1 Exhibit B Fee Schedule following this page (containing 8 pages) Page 16 of 17 CAO Fixed Term Service Agreement [2023_ver.2] 1b R1 Request for Proposal(RCP)23-8149"Laboratory Services. Eurofins Environment Testing Southeast,LLC EXHIBIT B-FEE SCHEDULE EUROFINS ENVIRONMENT TESTING SOUTHEAST,LLC CATEGORY B SECONDARY Is Corse per Method Malyta Mat.x Reference Methods)MIX MIX Unit Coss or Mstyte?Rush Fee Comments 1,1,1-Trlchloroethane Non-Potable Water 624/8260 0.5 ug/L $ 69.00 method 25%2days,50%3 days 25%>5 days I,1,1,2-Tetrachloroethane NomPotable Water 624/8260 0.5 ug/L included method 75%2days,50%3 days 2596>5 days 1,1,2,2-Tetrachlooethane Nan-Potable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 25%>5 days 1,1,2.Trlchloroethane Non-Potable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 25%>5 days 1,1-Dichloroethane Non-Potable Water 624/8260 0.5 ugh included method 75%2days,50%3 days 25%>5 days 1,1-Dichloroethene;1,1-dchloroethylene on-Potable Water 624/8260 0.5 ug/L included method 25%2days,50%3 days 25%s5 days 1,2,4-Trichloroberrzene Non-Potable Water 624/8260 0.5 ug/L includetl method 75%2days,50%3 days 25%>5 days 1,2-Dibromo-3-chlaropropane(9BCP) Non-Potable Water 504/8011 0.02 ug/L $ 55.00 method 75%2days,50%3 days 25%>5 aye 1,2-0ibromoethane;Ethylene dlbrrcnide(EBB) Non-Potable Water 504/8011 0.01 ugh Included method 75%2days,50%3 days 25%>5 days O 1,2-1Dichloobenzene Non-Potable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 2596>5 days 1 1,2-Oichloobenzene Nor-Potable Water 624/8260 0.5 ug/L included method 75%2days,50%3 days 25%>5 days 2 1,2.0ichlooethane Nor-Potable Water 624/8260 0.5 ug/L included method 75%2days,50163 days 296>5 days 3 1,2-13ichloropropane Nor-Potable Water 624/8260 0.5 ug/L included method 25%2days,50163 days 25%.5 days 4 1,2-13iphenylhydrazine Non-Potable Water 625/8270 3.1 ug/L $ 145.00 method 75%2days,50%3 days 25%s5 days 5 1,3-D1chlorobenzene Non-Potable Water 624/8260 0.5 ug/L included method 75%2days,50%3 days 2556>5 days 6 1,3-13.1chlrcopropene Non-Potable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 25%>5 days 7 1,4-DIchlrcobenzene Non-Potable Water 624/8260 D.5 ug/L included method 25%lays,50%3 days 25%>5 days 8 1,1-Dichlrcobenxene NomPotable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 25%>5 days 9 2,3,7,8-T000;33,2,8-Tetrachlrcodlbenzo-p-dioxin Non-Potable Wet.. 1613.1 1 ng/l $ 39500 method 75%2days,50143 days 25%>5 days O 2,4,6-Trichloophencl Non-Potable Water 625/8270 3.45 ug/L Included method 25%2ays,50%3 days 25%>5 days 1 2,4-01shlaopherol Non-Potable Water 625/8270 2.88 ugh included method 25%2ays,50%3 days 25%>5 days 2 24-Dichloophenosyacetic acid(1,4-0) Non-Potable Water 515/8151 0024 ug/L $ 145.00 method 75932ays,50%3 days 25%>5 days 3 2,4-oimethylphenol Non-Potable Water 625/8270 2.97 ug/L Included method 75%2ays,50%3 days 25%.days • 2,4-Dinitrophenol Not-Potable Water 625/8270 2.77 ug/L ircludetl method 75%2days,50%3 days 25%>5 days 5 2,4-0initrotoluene Non-Potable Water 625/8270 2.88 ug/L included method 75%2days,50%3 days 25%>5 days 6 2,6-0inerosoluene Non-Potable Water 625/8270 2.92 ugh included method 75%2days,50%3 days 25%>5 days 2 2-Chloroethyl vinyl ether(mixed) Non-Potable Water 624/8260 1 ug/L included method 75162days.50%3 days 25%>5 days 8 2-Chloranaphthalene Non-Potable Water 625/8270 281 ug/L included method 75%2days,50%3 days 25%>5 days 9 2-Chlorophenol on-Potable Water 625/8270 3.23 ug/L included method 75%2days,50163 days 25%>5 days 30 2-Methylphetol;o-Cresol Non-Potable Water 625//270 2.52 ugh included method 25%2days,50%3 days 25%>5 days 1 2-Nltrophenol;o-Nitrophenol Nan-Potable Water 625/8270 2.93 ug/L included method 75%2days,50%3 days 25%>5 days 2 3,3-Oichlorobentidine Non-Potable Water 625/8270 4.35 ug/L included method 75%2days,50%3 days 25%>5 days 3 3-Methylphenol;m-Cresol Non-Potable Water 625/8270 3.11 ug/L Included method 75%2days,50%3 days 25%>5 days 4 4,4'-000 Non-Potable Water 608/8081 0.009 ug/L $ 89.00 method 75%2days,50%3 days 25%s5 days 5 4,41-00E Non-Potable Water 608/8081 00056 ug/L Included method 75%2days,50%3 days 25%s5 days 6 13--13DT on-Potable Water 608/8081 0.0121 ug/L included method 75%Idays,50163 days 25%s5 days 2 4,6-Unitro-2-methylphenol;4,6-Dinitroo-cresol Non-Potable Water 608/0081 2 ug/L Included method 75%2days,50%3 days 25%>5 days 8 4-Bromophenylphenyl ether Non-Potable Water 625/8270 2.5 ugh Included method 75%2days,50%3 days 25%>5 days 9 4-Chloro-3-methylphenol;p-Chloro-mcresol NomPotable Water 625/8270 288 ug/L Included method 25%2days,50%3 days 25%>S days O 4-Chlorophenol otable Water 625/8270 3,11 ug/L Included method 75%2days,50%3 days 25%>5 days 1 4-Chlorophenylphenyl ether Non-Potable Water 625/8270 2,34 ug/L included method 75%2days,50%3 days 2594>5 days 2 4-Methylphenol;p-Cresol Non-Potable Water 625/8270 3.11 ug/L included method 2596 Slays,50%3 days 25%>5 days 3 4-Nitrophenol;p-Nltrophenol on-Potable Water 625/8270 2.48 ug/L included method 75%2days,50%3 days 25%.5 days 4 Ace.phthene Non-Potable Water 625/8270 2.75 ug/L included method?.2days,50163 days 25%>5 days 5 Acenaphthylene Non-Potable Water 625/8270 2.93 ug/L ircluded method 75%2days,50%3 days 25%>5 days 6 Alachlor Non-Potable Water 525.2 0.2 ug/L included method 75%2days,50%3 days 25%>5 days 7 Aldrin Non-Potable Water 608/8081 00066 ug/L Included method 75%2days,50163 days 25%>5 days 48 Alkalinity:Bicarbonate Non-Potable Water SM23209 10 mall $ 120D analyse 75%2days,50963 days 25%>5 days 49 alpha-BBC Non-Potable Water 608/8081 0.0069 ug/L included method 75%2days,50%3 days 25%.5 days 50 alpha-Chlordane Non-Potable Water 608/8081 0.0069 ug/L included method 75%2days,50%3 days 25%s5 days 51 Aluminum Non-Potable Water 200.7,200.8,6010,6020 0.01 mg/L $ 2.00 analyte 25%2days,50953 days 25%>5 days 52 Ammonia Nitrogen as N Non-Potable Water 350.1 0.014 mg/L $ 22.00 analyte 75%2days,50%3 days 2516>5 days 53 Mthracene Non-Potable Water 625/8270 2.83 ug/L Included method 25%2days•50%3 days 25%>5 days 54 Antimony Non-Potable Water 200.2,200.8,6010,6020 0.00/mg/L $ 7.00 analyte 75%2days,50563 days 25%>5 days 55 Arsenic Non-Potable Water 200.2,200.8,6010,6020 0.002 mg/1 $ 7.00 analyte 75%2days,50963 days 25%>5 days 56 A i Solid 6010,6020 OA mg/kg $ 8.00 analyse 75%2days,50%3 days 25%>5 days 57 Atrazine Nor-Potable Water 505/525.2/8141 0.1 ug/L included method 75%2days,50%3 days 25%>5 days 50 Barium Non-Potable Water 200.7,200.8,6010,6020 0.002 mg/L $ 2.00 analyte 75%2days.50963 days 25%>5 days 59 Benzene Nor-Potable Water 624/8260 0.5 ug/L included method 75%2days,50963 days 25%>5 days 60 Ben.. on-Potable Water 625/8270 2.25 ug/L included method 75%2days,50%3 days 25%>5 days 61 Benzo(a)anthracene Non-Potable Water 625/8270 304 ug/L included method 75%2days,50%3 days 25%.5 days 62 Benzo(a)pyrene Non-Potable Water 625/8270 2.26 ug/L included method 25%2days,50%3 days 25%>5 days 63 Benzo(b)fluaranthene Non-Potable Water 625/8270 3.06 ugh included method 75%2days,50%3 days 25%>5 days 64 Benzo(8h,i)perylene Non-Potable Water 625/8270 2.55 ugh included method 75562 days,50%3 days 25%>5 days 65 Benzo(k)Ruoranthene Non-Potable Water 625/8270 2.65 ug/L included method 25%2days.5.3 days 25%>5 days 66 BerylliumNon-Potable Water 200.2,2008,6010,6020 0.0005 mg/L included method 75%Mays,50%3 days 25%>5 days 62 beta-BNC on-Potable Water 608/8081 0.008 ug/L Included method 75%2days,5056 3 days 25%s5 days 68 Biochemical Oxygen Demand(5 day) Not-Potable Water SM5210E1 2 mg/L $ 32.00 analyte 75%2days,50%3 days 25%>5 days 69 bis)2-Ohloraethoxy)methane Non-Potable Water 625/8220 2.84 ug/L Included method 75%2days,50%3 days 25%>5 days 70 bis(2-Chloroethyl)ether on-Potable Water 625/8270 3.13 ug/L included method 75%2days,50%3 days 2596>5 days 71 bis(2-ChlorolsopropyNether)2,2.-Oxybis(1-Chbropropane) Nor-Potable Water 625/8270 2.95 ug/L Included method 25%2days,50563 days 25%>5 days 72 bis(2-Ethylhexyl)adlpate Not-Potable Water 525.2/625 0.6 ug/L included method 75%2days,50%3 days 2596s5 days 73 bis(2-Ethylhexyl)phthalate Nan-Potable Water 625/8270 3.13 ug/L Included method 75%2days,50%3 days 25%>5 days 24-Bromate Nor-Potable Water 300.1 5 ug/L $ 29.00 analyte 75%2days,50%3 days 25%>S days 75 Bromodichloromethane;Diahlorobromomethane Non-Potable Water 624/8260 0.52 ug/L $ SO.0 analyte 75%2days,50%3 days 25%>5 days 26 Bromofarm Non-Potable Water 624 0.5 ug/L Included method 75%2ays,50%3 days 2516>5 days 77 Bromomethane;Methyl Bromide Non-Potable Water 624/8260 1 ugh Included method 75%2days,50%3 days 2596>5 days 28 Butylbenzylphthalate Non-Potable Water 625/8270 3.22 ugh included method 75%2days,50%3 days 2596>S days 79 Cadmium on-Potable Water 200.2,2000,6010,6020 0.001 mg/L $ 7.00 analyte 75%2days,50%3 days 2596>5 days 80 Cadmium Sold 6010,6020 0.1 mg/kg $ 8.00 analyte 75%2days,50%3 days 25%s5 days 81 Calcium Non-Potable Water 200.7,200.8,6010,6020 0.15 mg/L $ 7.00 analyte 75%2days,50153 days 25%.5 days 82 Carbofuran Non-Potable Water 531 0.4 ug/L included method 75%2da0,50%3 days 25%>5 days 83 Carbon Tetrachloride Non-Potable Water 624/8260 0.5 ug/L included method 25%2days,50%3 days 2596>5 days 84 Carbonaceous Biochemical Oxygen Demand(5 day) Non-Potable Water 5M5210B 2 mg/L $ 32.00 analyte 25%2days,50563 days 25%>5 days 05 Chemical Oxygen Demand(COO) Non-Potable Water 410.4 10 mg/L $ 22.00 analyte 25%2days,50%3 days 25%>5 days 86 Chlordane(Technical) Non-Potable Water 608/8081 0.6183 ug/L included method 75962days,50%3 days 25%>5 days 82 Chloride Non-Potable Water 300 0.4 mg/L $ 1400 analyte 25%2days,50%3 days 25%>5 days 88 Chlorite Not-Potable Water 300.1 10 ug/L $ 29.00 analyse 75%2days,50%3 days 25%>5 days 89 Chlorobenzene Non-Potable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 2S%>5 days 90 Chloroethane Not-Potable Water 624/8260 0.5 ug/L included method 75962days,50%3 days 25%>5 days 91 Chloroform;Trichloromethane Non-Potable Water 624/8260 0.5 ug/L included method 75%2days,50%3 days 25%>5 days 92 Chloromethane;Methyl Odoride Nor-Potable Water 624/8260 1 ug/L included method 75%2days,50%3 days 25%>5 days 93 Chromium Non-Potable Water 200.2,2008,6010,6020 0.001 mg/L $ 7.00 analyte 25%2days,50%3 days 25%>5 days 94 Chromium Solid 6010/6020 0.1 mg/kg $ 8.00 analyte 75%2days,50%3 days 25%>S days 95 Chrysene Non-Potable Water 625/8270 2.81 ug/L Included method 75%2days,50%3 days 25%>5 days 96 1,2-0chloroethene,whole water on-Potable Water 624/6260 0.2 ug/L Included method OS%2days,50%3 days 2596>5 days 92 cis-1,3-ylchloroprOpene Non-Potable Water 624/8260 0.5 ug/L Included method 75%2days,50%3 days 25%>5 days 98 Color Non-Potable Water 9M2128 5 Color Onhs $ 12.00 analyte 75%2days,50%3 days 25%>5 days 99 Copper Non-Potable Water 200.2,200.8,6010 6020 0.001 mg/L $ 7.00 analyse 75%2days,50%3 days 2S%>5 days 100 Copper Solid 6010,6020 0.1 mg/kg 8.00 analyte 75%2days,50%3 days 25%a5 days 101 Cryptmprcidium Non-Potable Water 1623 e1/1000rn1 el/volume $ 450,00 method 75%2days,50%3 days 15%>5 days EFT Eaton 102 Cyanide,Free(Amenable) Non-Potable Water SM4500CN 0.005 mg/L $ 30.00 analyte 75%2days,50%3 days 25%s5 days 103 Cyanide,Total Non-Potable Water 5M4500-CN 0005 mg/L $ 26.00 analyte 75%2days,50%3 days 25%>5 days 104 Dalapon Non-Potable Water 515/8151 0.02 ug/L included method 25%2days,50%3 slays 25%>5 days 105 delta-BBC Not-Potable Water 608/8081 0.011 ugh included method 75%2days,50%3 days 25%a5 days 106 Oibenz(a,h)anthracene Nan-Potable Water 625/8270 2.62 ug/L Included method 25%2days,50%3 days 25%>5 days 102 Oibromochloromethene;Chlorodibroromethane an-Potable Water 624/8260 0.5 ug/L included method 25%2ays,50%3 days 25%>5 days 103 Dieldrin Nor-Potable Water 608/8081 0.006 ug/L included method 75%2days,50%3 days 25%>5 days 109 Dlethylphthalate on-Potable Water 625/8270 2.74 ugh ircludetl method 75%2days,50%3 days 25%>5 days 110 Oimethylphthalate on-Potable Water 625/8270 2.02 ug/L Included method 75%2days,50%3 days 25%>5 days 111 Oi-n-butylphthalate Non-Potable Water 625/8270 3.02 ug/L included method 75%2days,50%3 days 25%>5 days 112 Di-n-octylphthalate on-Potable Water 625/8270 3.03 ug/L Included method 75%2days,50%3 days 25%>5 days 113 Dlnoseb Non-Potable Water 515/8151 0.0177 ug/L included method 75%2days,50%3 days 25%a5 days 114 Olquat Non-Potable Water 549.2 0.4 ug/L included method 75%2days,50%3 days 25%>S days 115 E.toll NomPotable Water 5M9223B 1 MPN/100nt $ 28.00 analyte 75%2days,50%3 days 25%>5 days 116 Endosuyan I Not-Potable Water 60B/8081 0.009 ug/L included method 25%2days,50%3 days 25%>5 days 117 Enasu%anll Non-Potable Water 608/8081 0.0151 ug/L included method 75%2days,50%3 days 25%>5 days 118 Endosuean Sulfate Non-Potable Water 608/8081 0.0182 ug/L Included method 75%2days,50%3 days 25%>5 days CA° Page 1 of 2 Category B Request for Ptopomi(RFP)23-8149"Laboratory Services" Eurofins Environment Testing ltheast,LLC R 1 EXHIBIT B-FEE SCHEDULE 119 Endothall NOn-Potable Water 548.1 9 ug/L Included method 25%2days,50%3 days 25%>5 days 120 Endrin Non-Potable Water 608/8081 0.0086 ug/L included method 75%2days,50%3 days 2594>5 days 121 Endrin Aldehyde Non-Potable Water 608/8081 0.0101 ug/L included method 75%2days,50%3 days 25%>5 days 122 Enterococci Non-Potable Water fnteralert 1 MPN/100mt " analyte 25%2days,50%3 days 25%>5 days '0hr hold,local lab preferred 123 Ethylbrnxene Non.Potable Water 62//8260 0.5 ug/L included method 75962days,50%3 days 25%>5 days 124 Fecal Cdlform MF Non-Potable Water Coklert 18 1 MPN/100ml a analyte 75%Mays,50%3 days 25%>5 days 'Bhr hold,local lab preferred 125 Fluaranthene Non-Potable Water 625/8270 2.67 ug/L Included method 75942days,50%3 days 25%>5 days 126 Fluaene Non-Potable Water 625/8270 2.62 ug/L included method 75942days,50%3 days 25%>5 days 127 Fluoride Non.Potable Wanes 300 0.2 mg/L Included method 75962days,50963days 25%>5 days 128 Foaming Agents(M8A5) Non-Potable Water 5540C 0.2 mg/L $ 53.00 analyte 75%2days.50%3 days 25%>5 days 129 gamma•OHC l lindane) Non-Potable Water 608/8081 0.0054 ug/L Included method 75%2days,50%3 days 25%>5 days 130 gamma-Chbrdane Non-Potable Water 608/8081 0.013 ug/L Included method 75%2days,50%3 days 25%>5 days 131 Giardia Non-Potable Water 1633 e1/1000m1 el/volume Included method 75962days,50%3 days 2596>5 days 132 Glyphosate Non-Potable Water 547 6 ug/L $ 99.00 analyte 75942days,50%3 days 25%>5 days 133 Grease and Oil Non-Potable Water 1664 1.4 mg/L $ 58.00 analyte 75962days,50963 days 25%>5 days 134 Gross Alpha Norynotade Water 900 3 PCl/L $ 55.00 analyte 75%2days,50%3 days 25%>5 days 135 HAAs,HAAS,HAA6,HAA9 Non-Potable Water 552.3 1 ug/L Included 25%2days,50%3 days 2594>5 days 136 Heptachlor Non-Potable Water 608//9081 00095 ug/L included method 25%2days,50%3 days 25%>5 days 137 Heptachlor Epoxide Nan-Potable Water 038/8081 0.0115 ug/L included method 75%2days,50%3 days 25%>5 days 138 Hexachloro.1,3-butadiene Nan•Potable Water 625/8270 3.24 ug/L included method 75%2days,50%3 days 25%>5 days 139 Hesachlorobenxene Non-Potable Water 625/8270 2.51 ug/L included method 25%2days,50963 days 25%>5 days 140 Hexachbrayclopentadene Non-Potable Water 625/8270 3.16 ug/L included method 25962days,50%3 days 25%>5 days 141 N xachloroethane Nan-Potable Water 625/8270 3.3 ug/L Included method 25%2da0,00%3 days 2596>S days 142 Indeny)1,2,3-cd)pyrene Non-Potable Water 625/8270 2.77 ugh included method 75%2days,50%3 days 25%>5 days 143 Iron Non-Potable Water 200.7,200.8.6010.6020 0.005 mg/L $ 7.00 analyte 75%2days,50%3 days 25%>5 days 144 Isophorone Non-Potable Water 625/8270 2.94 ugh_ included method 759(2days,50%3 days 25%>5 days Say Lead Non-Potable Water 200.7,200.8,6010,6020 0.001 mg/L $ 7.00 analyte 75%Mays,50%3 days 25%>5 days 106 Lead Solid 6010,60,0 0.1 mg/kg $ 3.00 analyse 75%2days,50%3 days 25%>5 days 107 Magnesium Non-Potable Water 200.7,2068,6010,6020 0.05 mg/L $ 7.00 anaMe 75%2days,50%3 days 25%>5 days 148 Manganese Non-Potable Water 200.2,200.8,6010,6020 0.0305mg/l $ 7.00 analyte 75962days,SO%3 days 2596>5 days 149 Mercury Non-Potable Water 245,1,2420 0.0302 mg/1 $ 21.00 analyte 75%2days,50%3 days 2516>5 days 150 Mercury Solid 7471 0.02 mg/kg $ 22.00 army.75%2days,50%3 days 2594>5 days 151 Methoxychlar Non-Potable Water 8,081 0.0353 ug/L Included method 75962days,50%3 don 25%>5 days 152 Methylene Chloride;0lchloromelfane Non-Potable Water 624/8260 5 ug/l Included method 75%2da0,50%3days 25%>5 days 153 Molybdenum Nan-Potable Water 200.7,21100,6010,6020 0.001 mg/L $ 7.00 analyte 75%Mays,50%3 days 25%>5 days 154 Molybdenum Solid 6010,6020 0.1 mg/kg $ 8.00 analyte 25%2days,50%3 days 25%>5 days 155 Monochlorobenzenes Nan-Parable Water 624/3260 OS ug/L included method 25962days,50963 days 25%>5 days 156 Naphthalene Non-Potable Water 625/8270 2.88 ug/L included method 75162days,50%3 days 25%>5 days 157 Nickel Non-Potable Water 200.7,200a,6030,6020 0002 mg/L $ 7.00 analyse 75%2days,50%3 days 25%>5 days 158 Nickel Solid 6010,6020 0.1 mg/kg $ 8.00 analyte 75%2days,50%3 days 2596>5 days 159 Nitrate+Nitrite as N Non-Potable Water 300 0.4 mg/L $ 14.00 anaMe 75%2days,50%3 days 25%>5 days 160'Nitrate NO3 as N Non-Potable Water 300 0.2 mg/L $ 14.00 analyse 75%2days,5096 3 days 25%>5 days 161 Nitrite NO2 asN Non-Potable Water 300 0.2 mg/L $ 14.00 analyte 75%2days,50%3 days 25%>5 days 162 Nhrohnaene __ Non-Potable Water 625/8270 3.05 ug/L included method 75962 days,50%3 days 25%>5 days l6 3 N Nltrosodirnethylam ire Non-Potable Water 625/8270 2.62 ug/L included method 25%2days.50%3 days 25%>5 days 164 N.Nltroso.dl-n-propylamire Non-Potable Water 625/8270 2.95 ug/L Included method 75%Mays,50%3 days 25%>5 days 165 N.Nitrosodiphenyla mine on-Potable Water 625/8270 2.76 ug/L Included method 75%2days,50%3 days 25%>5 days 166 Oxamyl Non.Potable Water 531.1 0.4 ug/L included method 75142days,50963 days 25%>5 days 162 PCB-1016 Nan-Potable Water 608/0001 01 ug,/L $ 50.00 analyte 25%2days,50%3 days 25%>5 days 160 PC6.1221 Non-Potable Water 608/8081 01 ug/L included method 75%2days,50%3 days 2596>5 days 169 PC6.1232 Non-Potable Water 608/8081 0.1 ug/L Included method 75%2days,50163 days 25%>5 days 170 PC13.1202 Non-Potable Water 608/8001 0.1 ug/L Included method 759(2days,50%3 days 25%>5 days 171 PCB-1208 Non-Potable Water 600/8001 0.1 ug/L included method 75962days,50%3 days 25%>5 days 122 PC8-1254 Non-Potable Water 608/8081 0.1 ug/L included method 75962days,50%3 days 25%>5 days 173 PC61260 Non-Potable Water 600/8081 0.1 ug/L Included method 75%2days,50%3 days 25%>5 days 174 Pentachlaraphend Non-Potable Water 625/8270 3.79 ug/L Included method 75%2days,50%3 days 25%>5 days 175 Phenanthrene Non-Potable Water 62S/8270 2.74 ug/L included method 75962days,50963 days 25%05 days 1)6 Phenol Non-Potable Water 625/8220 2.51 ug/L included method 75%2days,50%3days 25%>5 days 122 Piclaam on•Potable Water 515/8151 0.0163 ug/L included method 25%2 days,50%3 days 25%>5 days 178 Potassium Non-Potable Water 200.7,200.8,6010,6020 0.15 mg/1 5 7.00 analyse 75%2days,50%3 days 25%>5 days 179 Pyreoe Non.Potable Water 62S/8270 2.35 ugh Included method 75%2days,SO%3 days 25%>5 days - 180 Radium-226 Non-Potable Water 903 1 pCi/l $ 115.00 analyte 75%Mays,SO%3 days 25%>5 days EFT St.Lours 181 Radium-228 Non-Potable Water 904 1 pCi/L $ 115.00 analyte 75%2days,50%3 days 25%>5 days 'EFT St Louis 182 Selenium Non-Potable Water 200.7,200.8,6010,6020 0.002 mg/L $ 2.00 anaMe 75142days,50%3 days 25%>5 days 183 Selenium Solid 6010/6020 0.2 mg/kg $ 8.130 analyte 75%2days,50963 days 25%>5 days 184 Silver Non-Potable Water 203.7,2006,6010,6020 00005 mg/L $ 7.00 analyte 75%2da0,50963 days 25%>5 days 185 Silyee;2,4,5-TP Non-Potable Water 615/8151 00343 ug/L included method 75942days,50%3 days 25%>5 days 186 Simaxlne Non.Potable Water 525 0.07 ug/L Included method 75%2days,50%3 days 25%>5 days 182 Sodium Non-Potable Water 2000,20 8.6010,6020 0.0031 mg/L $ Z.00 analyte 25%2days,50963 dam 25%>5 days 188 5hr are,Total Non-Potable Water 624 0.5 ug/L included method 75%Mays,50%3 days 25%>5 days 189 Sulfate Non-Potable Water 300 2 mg/L $ 14,00 analyte 75%2days.50%3 days 25%>5 days 190 Sulfate Solid 300M 0.75 mg/kg $ 24.00 analyte 25%2clays,50%3 days 25%>5 days 191 Sulfide Non-Potable Water 5M45005 2.5 mg/L $ 22.00 acolyte 75%2days,50%3days 25%>5 days 192 TCLP Metals I19CRA.8).Including extraction Solid 6010,7470,1311 multiple mg/L $ 110.00 analyte 75%2days,50%3 days 25%>5 days 193 TCIP Semi-Volatiles-including extraction Solid 8270.1311 multiple mg/L $ 185.00 analyte 75%2days,50%3 days 2596>5 days 194 TCLP Volatiles-including extraction Solid 8260,1311 multiple mg/1 $ 109.00 analyte 75%2days,50%3 da0 25%>5 days 195 Tetrachbroethene;Tetrachloroethylene Non-Potable Water 624/8260 0.5 ug/L included method 75%2days,50%3 days 25%>5 days 196 Thallium Non-Potable Water 200.7,200.8,6010,6020 0.0005 mg/L $ 2.00 analyte 25%2days,50%3 days 25%>5 days 197 Tin Non-Potable Water 200.7,200.8,6010,6020 0005 mg/L 5 2.00 analyte 25%2days,50%3 days 2596>5 days 198 Toluene Non-Potable Water 624/8260 0.5 ug/L included method 75%2days,50%3 days 25%>5 days 199 Total Cobham MF 440 Non-Potable Water 5699223B 1 MP0/100m1 $ 26.00 analyse 75%2days,50163 days 25%>5 days 200 Total Dissolved Solids(TDS) Non-Potable Water 902540C 5 mg/L $ 14.00 analyte 75162days,50%3 days 25%>5 days 201 Total Neldahl Nitrogen Non.Potable Water 351.2 0.2 mg/l $ 29.00 analyse 75962days,50%3 days 2S%>5 days 202 Total Nitrogen on-Potable Water talc multiple mg/L $ 5.00 analyte 75942days,S0%3 days 25%>5 days 203 Total Organic Carbon(IOC) Non-Potable Water 5M5310C 1 mg/L $ 26.00 analyte 75%Nays,50%3 days 25%>5 days 204 Total Organic Halogen(TON Non.Potable Water 9020 40 ug/I. $ 160.00 analyte 75%Mays,5063 days 25%>5 days 205 Total PCB Nan-Potable Water 608/8081 0.1 ug/L included method 75%2days,50%3 days 25%>5 days 206 Total Petroleum Hydrocarbons(TPH) Non-Potable Water 16645GT,FLPRO 0.34 mg/L $ 58.00 analyte 25%2days,50%3 days 25%>5 days 207 Total Phenolics Non.Potable Water 420.4 0,005 mg/l $ 20.00 analyte 75142days,50%3 days 25%>5 days ' 208 Total Phosphorus Non-Potable Water 365.4 0.04 mg/1 $ 24.00 analyte 75%Mays,50%3 days 25%>5 days 209 Total Solids Non-Potable Water SM2540B 5mg/L $ 14.00 analyte 75%2da0,50%3 days 25%4.5 days 210 Totes Suspended Solids)TSS) Non-Potable Water SM25401, 1 mg/L $ 1a.00 analyse 75%2days,50%3 da0 25%>5 days 211 Total Trihalomethnes Non-Potable Water 624/0260 0.5 ug/L Included method 75%2days,50963 days 25%>5 days 212 Toxaphene Non-Potable Water 608/8081 0.3678 ug/l Included method 25%2days,50%3 days 25%>5 days 213 trans-1.2-Dlthloroethene;tram-1,2-Dlchbroethylena Non-Potable Water 624/8260 0.5 ug/L included method 75%2days,50%3da0 25%>5 days 210 Trlthloroethene;Trichloroethylene Non.Potable Water 624/8260 0.5 ug/L included method 75%Mays,50%3 days 25%>5 days 215 Uranium Non•Potable Water 200.8 0.001 mg/L $ 45.00 analyte 75962days,50%3 days 25%>5.days 216 Vinyl Chloride Non-Potable Water 620/8260 0.5 ug/L Included method 75162days,50%3 days 25%>5 days 217 Volatile Solids Non-Potable Water 5102540G 2.5 mg/L $ 14.00 analyte 75%2days,5096 3 days 25%>5 days 210 oylene,Total Non-Potable Water 624/8260 1 ug/L included method 75%2days,50%3 days 25%>5 days 219 Zinc Non-Potable Water 200.7,2008,60106020 0.002 mg/L 5 2.00 analyte 75%2days,50%3 days 25%>5 days 220 Zinc Sold 6010/6020 1 mg/kg $ 8.00 analyte 75942days,50%3 days 25%>5 days Page 2of2 A O Category B C S 16B1 a a v E' a 0 d 0 v 0 v d v a 0 d 0 0 0 0 a 0 0 a d A n 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m 1> Q a 2 2 a a a 2 2 < a < a a 2 2 a 2 1 a < 2 1 -4 22 5 m n n n n n n n n n n n n n n n n n n n CI n n n n n n m Gl o W N O H N l0 `+ OC 64 `+ 10 00 O; N A w O 00 00 V O0 l%' W N --` Cp 0 1 �73 9 O n - y m m N N N N iNJ A W+ W N irO r irJ iv 1,-., 1:: — iw++ w + i+ i"..: - i+ • y 00 m G ruw D N O O O O 0 O O O i" ,A wO O O ^ " N 3 w m < 0 ° -1 S S S S S S S 2- .3'. `y ~ S � 9- _INy _1yN "If -Ti, NOm co'O O O j O O O TO O 'O N 3 a v n o T 4 ° oJ ' T e 0g. ° m m m m ' i_ ou m ° 3 '1';' o v° ° 3. 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A- i8 g w do w w WI m c° °c °c °c °co o o °c °c °c c c d d a a a d a d a a a a a a 3 3 3 3 3 3 3 3 3 3 3 3 3 3 i a a a a a a a a a a a a a a 2° ° d° ° 2: Na No. n a Nd a a 5555555 . U U U U ate°. ao°. a ae a ae 8 w w w n d d d d d < H N N N lVn N V� V- ,, lVn lVn l�A ,A , V� lVn • 6 d d 6 u d d u �+ u N . u O ,1 a aa a a a a a a a a a F. w 3 g o .y o ti o g o V o E o ti o -' o d o , o i IA a o n c a c a o n o _ _ c a c a 3 33 3 3 3 3 3 3 3 K' a a a a 0 0 0 0 0 0 0 0 0 0 n 16 RI Request for Proposal(RIP)23-8149"Laboratory Services" Eurofins Environment Testing Southeast,LLC EXHIBIT B-FEE SCHEDULE EUROFINS ENVIRONMENT TESTING SOUTHEAST,LLC CATEGORY D In House Of Matria/M Reference Subcontr Is the listed cost per Reference Number Analyte atrices Method(s) MDL MDL unit acted? Cost method or analyte? Rush Fee Comments non Category D-1 Alage identification and enumeration potable SM 10200/10900 NA In House 200 surface/groundwater Category 0-2 Total Mlcrocystin potable EPA 548/ELISA NA In House 125 surface/groundwater non- Category D-3 Saxltoxln potable EPA 545 NA In House SUB surface/groundwater Category 0-4 Cylindrospermopsin potable EPA 545 NA In House 225 surface/groundwater non- Category D-5 Nodularin-R potable EPA 545 NA In House 350 surface/groundwater Category D-6 Anatoxin-a potable EPA 545 NA In House 225 surface/groundwater Page 1 of 1 O Category D C 1681 Request for Proposal(REP)n 23-8149"Laboratory Services" Eurofins Environment Testing Southeast,LLC EXHIBIT B-FEE SCHEDULE EUROFINS ENVIRONMENT TESTING SOUTHEAST,LLC CATEGORY E PRIMARY Reference In House or Is the listed cost per Reference Number Analyte Matrix Method(s) Subcontracted? Cost method or analyte? Rush Fee Comments Category E-1 Nitrate Isotope,8180-NO3 and 615N-NO3. non-potable SOP subcontracted 440 analyte NA IsoTech Category E-2 Boron Isotope,611B non-potable SOP subcontracted 440 analyte NA 'so Bar Science Page 1 of 1 AO Category E Cj its R1. Request for Proposal(RFP)23-8145'Laboratory Services" Eurofbls Environment Testing Southeast,LLC Exhibit B-FEE SCHEDULE EUROFINS ENVIRONMENT TESTING SOUTHEAST,LLC CATEGORY G SECONDARY In.use or Is the listed cost per Reference Number Analyte Matrbt/Matrkea Reference Method(s) MIX MDL unS Subcontragedi Cost method or analyt<2 Rush pee Comments Eurofins Category.-1 H,1H,2H211-Perfluoro-ocbnesulonicAcid(6:2 Fluorolebmetsuionate,6,2 FTS) on-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-645 0.5ng/l n House 285 method <15 day50%Lancaster Category., 1H,115,I142H-Perfluorodecarcsulfmic Acld(8:2 Fluarotelomersulfonat8,8:2 FTS) Non-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 0.6 ng/L n House included method <15 days 5O% Category.-3 1H,1H,2H,2H-Perfluarohexanesulfonic acid(4:I Fluorotelomersulfonate,4:2 FTS) Non-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 0.5 ng/L n House included method <15 days50% CategoryG4 2-(N-ENyiyerfiuorooctane sulfonamide(acetic acid Non-Potable Water GC.SOP EPA 532 Modified 1.1/LC-MS-MS O.S ng/L nHouse included method <15 days SO% Category G-5 2-(N-Methyl-perfluorooctane sulfonamido)acetic acid Non-POtable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 6'ng/l included method <15 day S0% Category G-6 Perfluorooctane Sulfonamide(PFOSA) Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 0.2 ng/L included method <15 days 5096 Category G-2 Perfluoro-Octaneate(PFOA,Perfluorooctanoic Acid) Non-Potable Wahr GCAL SOP EPA 532 Modified 1.1/LC-MS-MS OS ng/L n House included method <15 days50% Category G-8 PerfluorobutaneSulfon]S(PFBS,Perfluo/obutane Sulfonk Kid) Non-Potable Wahr GCAL SOP EPA 532 Modified 1.1/IC-MS-MS 0.3 ng/L M House included method <15 days SO% Category GA PerfiuHrobutanoate(Pk.,Perfiuorobutanok Acid) Non-Potable Wahr SCSI SOP EPA 532 Modified l.]/LC-MS-MS 1ng/l included method <15 days 50% Category G-10 Perfluorooetane sulfonate(PFOS,per?uoroderane sulfonk acid) Nonkotable Water GCAL SOP EPA 532 Modified l.1/IC-MS-MS 0.5 ng/L n Skine included method <15 days 50% Category G-11 Perfuor0decanoate(PHA,Perfluorodecenoic Acid) Non.Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 0.3 ng/L SHouse Included method <15 day 5O% Category.-ll Perfluorododecanoate(PFOSA,PIELH,Hdode<anoic Acid) Non-Potable Water GCAL SOP EPA 537 Modified 1.1/lC-MS-MS 04 ng/L n House Included method <15 days 5O% Category G-13 Per3uorohepbrc%Mona%(PFHpS,Perfluorahepbrc Sulfonk Acid) Non-0obble Water GCAL SOP EPA 532 Modified 1,1/LC-MS-MS 0.3 ng/L n House included method <15 days 5O% CategorSS-14 Perfluorohepbrwate(PFHpA.Perfluoroheptanoic Acid) Non-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS O.3 ng/L n House Included method <15 days 5O% Category G-15 Perfluorohexane Su[tonic Acid(ASHES,Perfluoroheaane Sulbnate) Non-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 0.5 ng/t n Nouse included method <15 day5O% Category S-16 Perfluoroheranoate l PFKA,Pe,fluorohexanok Kid) Non-0obble Water GCAL SOP EPA 537 Modified 1.1/LC-MS-MS 0.2 ng/L n House included method <15 days 5O16 Category G-12 Pertluorononane Sulfonic Kid(MS,Perfiuoronanane Sulfonate) Potable Water GCAL SOP EPA 532 Modifiedl.1/LC-MS-MS 0.5 ng/L n House included method <15 days 5O% Category G-18 Perfluorononanoate(PFNA,Perfluorononanolc Kid) Non-Potable Water GCAL SOP EPA 537 Modified 1.1/LC-MS-MS 0.5 ng/L included method <15 day5O% Category G. Perfluoroortene sulforate(PFOS,Perfluoroocbrc Sulfonk Acid) Potable Water GCAL SOP EPA 532 Modified].1/LC-MS-MS 0.5 ng/L n.use Included method <IS days SO% Category.-20 Per5uoropentae Sudank Acid(PFPeS,PerSuo,Hpentane SulMrate) Potable Water GCAL SOP EPA 532 Modified].]/LC-MS-MS 0.5 ng/L nNouse included method <15 days 50% Category G-Il PerfluOropentanoato(PFPeA,Perfiu0nopentare1c Acid) Non-Potable Water GOAL SOP EPA 532 Modified 1.1/LC-M5-ME 0.3 ng/L n House included method <15 day 5O% Category G-22 Perfluor0letradeceneata(PFTeDA,perfluorotetredeonok acid) Non-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS OA ng/L included method H15 day 5O% Category G-23 Perfluorotridecenaato(PFHHA,petSUOtHtrideanoic Kid) Non-Potable Water GCAL SOP EPA 537 Modifiedl.1/LC-MS-MS 0.4 ng/L included method <15 day5O% Category G-24 Perfluoroundecanoata(PfUnA,Perfluotaundecanoic Acid) Non-Potable Water GCAL SOP EPA 532 Modified 1.1/LC-MS-MS 0.3 ng/L nNouse Included method <15 day 5O% Category.-25 1H,1H,1H,Irv-Perfluoro-octanesulf0nlC Kid(6:2 Fluoroleomensulonate,6:2 ETS) Potable Water SES SOP MFW213/LC-MS-MS 0.5 ng/L mouse 3W method <15 day5O% Category G-26 1H,1H,211,0H-Pe,fluo,odecanesulfon,c Kid(8:2 FluorotelomersuifOnate,8:2 FTS) on-Potable Water SES SOP ME00213/LC-MS-MS .6 ng/L n House included method <15 days 5O% Category G-27 1H.1H,2H,IH-Perfiuorododecane Sullonah(1..2 Fluorohlome,sullonk acid,1O:1 FTS) Non-0obble Water SES SOP ME00213/LC-MS-MS 1 ng/L n House Included method <15 days 50% Category G-28 1H,1H,2H.2H-Perfluoroheranesulfonic acid(4,2 fiuotetelomersuilonale,4'.2 FTS) Non-Potable Water SES SOP ME00213/IGMS-MS 0.5 ng/I n.use included method <15 day 50% Category G-29 24N-Ethyl-penfluonooctane sulfonamido(acetic acid Non-Potable Water SOS SOP MEW213/LC-MS-MS 0.5 ng/L n House included method <15 days 5096 Category G-3O 2-01-Methyl-perfluorooctane sulfonamido)acetic and Non-Potable Water SFS SOP ME00213/LC-MS-MS OA ng/L n5use included method <15 days SON Category G-31 4,8-5ie4-OH-pe,Nuorononarrok Acid(ADONA) Non-Potable Water SES SOP MEW213/LC-MS-MS ..5 ng/L [included method <15 days 50% Category G-32 9{hlo,oheradecafluono-3oranonane-1-sulonic Acid(9-C19F3ONS) Non-Potable Water SES SOP ME00213/LC-MS-MS 0.5 ng/L n.use included method <15 day5O% Category G-33 11-Chloro.,ell.fluoto-3oraundecane-1-sulfonk Acid(11-CIPF3OUd5) Potable Water SES SOP ME00213/LC-MS-MS 0.5 ng/L n House included method <15 days 5O% Category G-34 Ik.aafluoropropylene Oxide rimer Acid(HFPO-CIA,Gen%) Non-Potable Wahr SES SOP ME00313/LC-MS-MS OA ng/L n House Included method <15 days 5016 Category G-35 Ikethylperfluoro-octene sulfonamide ethanol(ELFOSE) Potable Water SOS SOP ME00213/LC-MS-MS 1ng/l n House included method <15 days 5O% Category G-36 N-Ethylp.,SEO,0actane sulfonamide(N-ESFOSA) Non-Potable Water SES SOP ME00213/LC-MS-NIS 1 ng/L n louse included method <15 days 50% Category G-32 N-Methyfperfluor0ocum sulfonamido ethanol(MeFOSE) Non-Potable Water SES SOP MEW213/LC-MS-MS 1 ng/L n.use included method <15 dey50% Category G-38 N-Methylpe,fluor0octane sulfonamide(MeFOSA) Potable Water SES SOP ME00213/LC-MS-MS 1 ng/L included method <15 dM45O% Category G-39 Perfluoro-octadeorwate(PFODA,Pe,Huoro-ortaderano:c Acid) Non-Potable Water SES SOP MEW213/LC-MS-MS ]ng/L rcluded method <15 days 50% Category G4O Perfluor0octenoate(PFDA,Perfluoro-octanolc Acid) onPotable Water SES SOP MO00213/LC-MS-MS 0.2 ng/L n House included method <15 day50% Category G41 Pe,fluo,obutane Suiorate(PFBS,Perfluorobutare Sulfonk Acid) Potable Water SFS SOP ME00213/LC-MS-MS O3 ng/L included method <15 days 50% Category042 Perfluo,obutanoste(PFBA,Perfluo,obutanok Acid) Non-Potable Water 5E5SOP ME00213/IC-MS-MS 1n8/I nHouse included method <15 days 50% Category G43 Perfiuor0decene sulk..(PODS,perfluorodecane sulfonk acid) Potable Water SFS SOP MEW213/LC-MS-MS 0.5 ng/L 'included method <15 days 50% CategoryG44 Perflu0r0decanoate(PFDA,Perfluorodecanok Acid) Non-Potable Water SOS SOP ME00213/LC-MS-MS .3 ng/L n House included method <15 day 50% Category G45 Pe,fiuo,ododecane Sulfonic Acid(PFD0S( Non-Potable Water SES SOP 64E00213/LC-MS-MS .4 ng/L n House included method <15 day 50% CategoryG46 Perfluor0d0decanoate(PF DOA,Peflu0rododeHanOic Kid) Potable Water SES SOP 6E132213/LC-MS-MS OA ng/l n House included method <1S days 50% Category G42 Perflu0,0heptarc Sulfonate(PLHpS,Perflu0rOheptarc Sulfonk Acid Non-Potable Water SES SOP ME133213/LC-MS-MS Al. ng/L n House included method <15 days 50% Category.48 Pe,?EO,0heptancate(PFHpA,Pe,fluoroheptanOlc Acid) Non-Potable Water SES SOP ME00213/LC-MS-MS 0.3 ng/L n House included method <15 dey5076 Category G49 Perfluo,ohexadecan0ate l PFH.D%Penfiuor0hexadecanoic acid) Non-Potable Water SES SOP MEW213/LC-MS-MS ing/L n House included method <15 days 50% Category G-50 P,,SIO,OheSane Sulfonk Acid(PFH<S,Perfluoroherane Sulknate) Non-Potable Water SFS SOP ME00213/LC-MS-MS 0,2ng/l n House inclu.d method <15 days 50% Category G-51 Per?uorohesanoate(PFHpA,PerfiuoroheEanoic Acid) Non-Potable Water SFS SOP ME00213/LC-MS-MS 0.2 ng/L n HOUSe Included method <15 days 50% Category S-S2 Perfluarononanesulfoneto[PANS,Perfluarononene Sulfonic acid) on-PotabA Water SES SOP ME00213/LC-MS-MS 0.5 ng/L n House Included method <15 day50% Category G-53 Per5uo,ononanoete(PINS,Per0I0,OHSnanoic Acid) Non-Potable Water SOS SOP ME00213/LC-MS-MS 0.2 ng/L n House included method <1.5 days 5076 Category G-54 Perfluorooctane sulfonamide(PFOSS) Non-Potable Water SOS SOP ME00I13/LC-MS-MS 0.2 ng/L n House included method <15 days 50% Category GGS Perfluorooctane sullnnate(PODS,Perfiuorooctarc Sulfonk Kid) Non-Potable Water SES SOP ME00213/lC-MS-M5 ing/l n House included method <15 days50% Category 6-56 Perfluotopentare Sulorate(PFPeS,Perfluaropentane Sulonic Acid) Non-Potable Water SES SOP ME00213/ILMS-MS 0.5 ng/L Included method <15 day 50% Category G-57 Perfiu0ropentanl0ate IPLPeA,Perfluoropentano0 Kid) Hon-POtable Water SES SOP ME00213/LC-MS-MS 0,5ng/L n House included method <15 day50% Category.-58 Perfluo,otetradedanoate(PFTeDA,pe,Buo,otetradecanoic acid) Non-Potable Water 5E5 SOP ME00213/LC-14-MS 0.0 NA n House included method <15 day50% Category.-SO Pe,lluorotridecan0ate(PFTri.A.pe,fluo,otrideranoit arid) Non-Potable Water SES SOP 61E00213/LC-MS-MS 0.4 ng/L n House included method <15 days 50% Category G-W Perflu0roundecanaate(PFUn0.Perfluoroundecanoic Acid) Non-Potable Water SFS SOP ME00213/LC-MS-MS 0.3 ng/L nHouse included method <15 dayS0% • G Y Pap 1 of 1 ii"�" Category 16R1 Other Exhibit/Attachment Description: following this page (containing pages) rit this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2023_ver.2] ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP - - TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 81'41 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to tt EBn1y attiea Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in theCountyAttorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Risk Management Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 24/43I211. 2. County Attorney Office County Attorney Office 5)2- cal l/hic)-17 4. BCC Office Board of County Commissioners al ANSI l//LIZ y 4. Minutes and Records Clerk of Court's Office t` f lk.°Pi 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,mai need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas/Procurement Contact Information 239-252-2220 Contact/Department Agenda Date Item was February 13,2024 Agenda Item Number 16.B.14 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 123-81491 Advanced number if document is Advanced Environmental to be recorded Environmental Laboratories, Inc. Laboratories, Inc. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ONB document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 13,2024,and all changes made N/A is not during the meeting have been incorporated in the attached document. The CountyI an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the fr/f an option for Chairman's signature. this line. 16 R1 FIXED TERM SERVICE AGREEMENT # 23-8149 for Laboratory Services THIS AGREEMENT, made and entered into on this day of rt,litux‘r. 20 2 , by and between Advanced Environmental Laboratories, Inc. authorized to do business in the State of Florida, whose business address is 6681 Southpoint Parkway, Jacksonville, FL 32216 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing n ; or on March 23, 2024 and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■❑ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of I■I Request for Proposal (RFP) Other— ( . )# 23-8149 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ICI The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2023_ver.2] 16 B1 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑ • • • ent for the fixed price contract is authorized. Time-and-Material : ntractor for the amount of labor m the work(number materials plus the contractor's markup). This methodology is generally used in projects in • timekeeping or payroll rccords), material or equipment invoices, and other reimbursable documentation for the project. ■ Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 RI 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4,5 (-check if-,applicable) Tra expen • Mileage $8-4 .-5 -nliie Breakfast $6-08 Lunch $4-1,08 Dinner $4-9.00 Actual ticket cost limited to tourist or coach fare Rental car Actual rental cost limited to compact or standard size vehicles Parking Aett+al-eest-ef-par-king • Taxi or Airport Limousine • • -stN--be 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Advanced Environmental Laboratories, Inc. Address: 13100 Westlinks Terrace, Suite 10 Fort Myers, FL 33913 Authorized Agent: Charles Ged, President/Jennifer Ged, VP Attention Name & Title: Josh Snead, Laboratory Manager Telephone: (904) 363-9350 / (239) 674-8130 E-Mail(s): Cged@aellab.com /Jsnead@aellab.com Page 3 of 17 Fixed Term Service Agreement [2023_ver.2] 16 R1 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Captial Project Planning, Impact Fees, and Program Mgmt Division Director: Beth Johnssen Address: 2685 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Danette Kinaszczuk, Manager-Pollution Control Telephone: (239)252-5032 E-Mail(s): Pollution_Control©colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2023_ver.2] CPC 16 B1 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. I■I Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. n Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. D. ■ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. hall-h-ave r it t units of $ per claim. Page 5 of 17 Fixed Term Service Agreement [2023_ver.2] CPO 16B1 n per claim. G, ❑ -Cove e 14- ❑ : Coverage Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 81 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Captial Project Planning, Impact Fees, and Program Management 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), • Exhibit A Scope of Services, Exhibit B Fee Schedule, 1.1 RFP/ I I Other #23-8149 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent ggetes; — 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023_ver.2] 16B1 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountyfLgov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2023_ver.2] I6 R1 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. (l CLEAN UP. fubbish and waste materials arising out of th .es# site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean- 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 IR1 25. ❑ WARRANTY, Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and and conditioned in accordance with t • Documents. • • receipt of written notice from the County. Contractor shall also be responsible for and pay of such replacement or repair. These warranties are in addition to those implied 26. • TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost l payment has been made. If Contractor of to the Work, or other work er matcri•als of the County or County's separate of any structure to be loaded in any the Page 10 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16B1 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34 n IlCV CRCP1AIAIE- ,The_C @f this project s the Agreement. The Contractor shall assign Page 11 of 17 Fixed Term Service Agreement [2023_ver.2] CA 0 16 1 as many people as necessary to complete the services on a timely basis, and each person time adequate to meet the required service • ' rit+ng as far in advance as possible. personnel. • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n none n� QRt=r�n��ir� �r..,„+ CYY„rInlll all precedence o er the Agreement. To the extent any conflict in the terms of the Contra , ®r .ems 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 12 of 17 Fixed Term Service Agreement [2023_ver.2] CAO i6 91 four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliercountyfl.Qov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Hea►th Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 B1 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller By:L1 .L - ,u,d,1-U---= By: (111A/J1614 4 J Dated: . ' I 1 2) I-.)-`1.-- Chris Hall, Chairman (SEAL) Attest as to Chau ma 'S signature only. Advanced Environmental Laboratories, Inc. Contractor's Witnesses: Contractor By: Contra rF' fitness Si re S EJD Eywr) 6,tzt tType/print signatu and titlel TType/pr' witness met` Contractor's Second Witness bL4N0aiv /�eiG4 TType/print witness namet pr ed a to For Lega'ty: i County Attorney not Name Page 14 of 17 Fixed Term Service Agreement [2023_ver.2) ('A i6R1r Exhibit A Scope of Services ■ following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2023_ver.2] C!s O 16 91 ' Request for Proposal (RFP) 23-8149 "Laboratory Services" EXHIBIT A SCOPE OF SERVICES This Agreement is for experienced commercial laboratories to provide laboratory analyses and reporting services. The services required are in the following categories: The terms "Vendor" and"Contractor"may be used interchangeably throughout this Agreement. Award Criteria This Agreement is to be awarded on a Primary/Secondary basis,per category, as follows: Category A: Water Division Primary: Advanced Environmental Laboratories,Inc. Secondary: Pace Analytical Service, LLC Category B: Wastewater Division Primary: Pace Analytical Service, LLC Secondary: Eurofins Environment Testing Southeast, LLC Category C: Environmental Water—Pollution Control Primary: Pace Analytical Services, LLC Secondary: Eurofins Environment Testing Southeast,LLC Category D: Algae & Toxins—Pollution Control Primary: Eurofins Environment Testing Southeast, LLC Category E: Isotopes—Pollution Control Primary: Eurofins Environment Testing Southeast, LLC Category F: qPCR DNA Bacteria-Pollution Control—NO AWARD Category G: PFAS—Pollution Control Primary: Pace Analytical Service, LLC Secondary: Eurofins Environment Testing Southeast, LLC Should the Primary Vendor not be able to perform the services per the specifications outlined under this Agreement, as documented in writing,the County may move to the Secondary Vendor to perform the required services. Page 1 of 4 Exhibit A—Scope of Services CAC t6 B1 Request for Proposal (RFP) 23-8149 "Laboratory Services" DETAILED SCOPE OF WORK 1. General Vendor Requirements: a. The Vendor must supply sample kits within 48 hours of request.The kits must contain properly pre-cleaned/pre-preserved/pre-labeled(or required preservatives in a separate container)sample containers(tightly sealed),coolers, electronic chain of custodies,shipping account info/packing slips or QC samples(e.g.trip blanks)at no cost to the County.The Vendor must pay for all shipping costs associated with sample kits. b. The Vendor must pay for all shipping costs of sending samples to their sub-contracted laboratory(s). c. Provide reports in Excel, and PDF. Both formats may be required,depending on the project. Electronic Data Deliverables(EDDs)must have no critical errors. Should critical errors be identified,data provider must revise the EDD. d. Results must be available within ten(10)business days after receipt of the samples by the laboratory. e. All results reported must include the program/project name,the County's ID number,station,name of the analyte, result qualifier, detection limit, practical quantitation limit, dilution used, preservative(s) used, the date/time collected/received, date/time analysis performed, and analyst name, laboratory certification number(including subcontractors)and method used. f. Results for samples that have multiple analytes shall be listed on one report sheet. Results for samples with a single analyte can be combined in table form. g. Laboratory must notify the applicable County section representative via email: 1. Within 24 hours of sample receipt if analysis cannot be performed. 2. If the sample can't be analyzed without qualifying the data due to the following reasons: sample out of hold,out of temperature, or improperly preserved, insufficient sample volume or the sample was broken in transit. Once notified,the County will decide whether the laboratory should continue with the analyses. If the County has not been contacted or decides not to go forward with the analyses due to it needing to be qualified, the County will not pay for the analyses. h. In the event samples are lost by the Lab or not properly analyzed(incorrect analytes analyzed, samples analyzed beyond approved holding times without County authorization,etc.)the vendor will be liable for costs incurred by the County for collecting additional samples. i. The County reserves the right to reject without charge any data that is qualified due to vendors failure and the vendor is responsible for the cost of resampling and shipping. j. If a rush charge is needed to analyze sample to avoid data being analyzed out of hold due to the County submitting a sample outside a reasonable holding time,that rush charge must be authorized by the County. k. The County can request results within 72 hours.A rush fee may be applicable. I. Laboratories may subcontract a portion of the analysis to other facilities, i.e. cyanotoxins. The other facilities are subject to the same requirements in this contract. The Vendor must be responsible for the cost of all packing and shipping of samples and containers that will be sent to other laboratories for subsequent analysis. m. The County shall not be charged a sample disposal fee. Page 2 of 4 Exhibit A—Scope of Services CAO 16 81 Request for Proposal (RFP) 23-8149 "Laboratory Services" n. Should the initial and re-analysis fail and not support the validity of results the county may withhold payment for analysis of the specific analytes failing the validation test. o. Results must be signed by the QA/QC officer or his/her representative of the company verifying the authenticity of the analyses. p. The Vendor must complete all Chain of Custody forms as appropriate and return the original completed forms to appropriate County Department/Division. q. For all analyses,results should be reported within the linear range and below the highest calibration standard. r. Samples shall not be diluted to produce a result that is below the detection limit at an elevated level of detection. s. Data qualifiers shall follow 62-160 F.A.C. t. The County reserves the right to site audit the awarded Laboratory(s)facility. 2. Category A—Additional Requirements a. All Drinking Water Division analytical results must be on,or accompanied by, signed"Public Drinking Water Analysis Reporting Forms." All reporting forms shall be current Florida Department of Environmental Protection(FDEP)approved forms. b. The Vendor must notify applicable County Division within 24 hours of analysis if a result exceeds a drinking water Maximum Contaminant Level(MCL). c. All drinking water samples shall be analyzed using only approved drinking water methods per 40 C.F.R. §§141.21, 141.23, 141.24, 141.25, 141.27, 141.74, 141.89, 141.131, 141.402, 141.704, 141.852,and 143.4 and Appendix A to 40 C.F.R.Part 141, Subpart C d. Maintain accreditation through The NELAC Institute(TNI). e. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. f. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. g. All laboratory analytical reports must comply with 62-160,F.A.C. h. Provide reports in all the following formats: Watershed Information Network(WIN),Excel,and pdf. Multiple formats may be required,depending on the project. Electronic Data Deliverables (EDDs)must have no critical errors. Should critical errors be identified,the data provider must revise the EDD. i. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. 3.Category B—Additional Requirements a. All Wastewater Division samples must be analyzed using analytical test methods and method detection limits(MDLs)sufficiently sensitive to ensure compliance with applicable water quality standards and effluent limitations in accordance with Rule 62-4.246, Chapters 62-160 and 62- 600,F.A.C., and 40 CFR 136,as appropriate.A list of established analytical methods, and corresponding MDLs(method detection limits)and PQLs(practical quantitation limits),which is titled"FAC 62-4 MDL/PQL Table(November 10,2020)" is available at https://floridadep.gov/dear/quality-assurance/content/quality-assurance-resources.The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values. Page 3 of 4 Exhibit A—Scope of Services CAO 16R1 Request for Proposal (RFP) 23-8149 "Laboratory Services" b. Approved analytical methods identified in Rule 62-620.100(3)(j),F.A.C., shall be used for the analysis. If no method is included for an analyte, methods specified in Chapter 62-550,F.A.C., shall be used. c. Maintain accreditation through The NELAC Institute(TNI. d. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. e. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. f. All laboratory analytical reports must comply with 62-160,F.A.C. g. Provide reports in all the following formats:pdf. Should critical errors be identified,data provider must revise the report. h. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. 4. Category C—Additional Requirements a. All samples must be analyzed using the approved methods listed in 40 CFR 136 and in accordance with Rule 62-4.246,Chapters 62-160, 62-600,62-550, 62-770 F.A.C.,and other relevant chapters as appropriate. b. Method detection limit(MDL)and practical quantitation limit(PQL)must be sufficiently sensitive to fall below the criteria listed within the above F.A.C.s. c. Maintain accreditation through The NELAC Institute(TNI). d. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. e. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. f. All laboratory analytical reports must comply with 62-160,F.A.C. g. Provide reports in all the following formats: Watershed Information Network(WIN),Excel,and pdf. Multiple formats may be required,depending on the project.Electronic Data Deliverables (EDDs)must have no critical errors. Should critical errors be identified, data provider must revise the EDD. h. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. i. Listed Reference Methods in Category C on the Price List may change due to regulatory updates to the list of approved methods to reflect and advances in technology.These are included solely for reference by department environmental professionals and are unrelated to vendor invoices or payments. 5. Category D—Additional Requirements-None 6.Category E—Additional Requirements-None 7.Category F—Additional Requirements- None 8. Category G-Additional Requirements Provide reports in all the following formats: Watershed Information Network(WIN),Excel,and pdf. Multiple formats may be required, depending on the project. Electronic Data Deliverables(EDDs)must have no critical errors. Should critical errors be identified,data provider must revise the EDD. Page 4 of 4 Exhibit A—Scope of Services CAO 16 B1 Exhibit B Fee Schedule following this page (containing 3 pages) Page 16 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16 ,B1 tt��.��• b OAo V so, pp VAi A W N N O twD m V P tt A W N t+ O t0 ONo J to A W N N O b m V 5 5, A W N f+ O m V °t N A W N r E E 3 ° ° 3 3 3 ° - c ° a T ° 3 0 3 w o 3 ° — o 0 3 m .z & a ° ` 3 _ m m o 3 3 A D D 3 3 x 3 0 ° ° ' _ o m m g = 3 3 3 _ E. o 3 _. 3 n o o - a o D '" a c 3 a 3 3 .< 3 3 3 w O 3 3 v A o O a ^ a D APT N a g C 3 c c w D p 'n o 3 _ o ➢ 2 0. 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Attach to original document. The completed routing slip and original documents are to be forwarded to the Co tL3e)2Q24 Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting Risk Management **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2//D/Zsf 2. County Attorney Office County Attorney Office �� 4../ 4. BCC Office Board of County �(L Commissioners �°}� �s/ /6ZY 4. Minutes and Records Clerk of Court's Office yfr 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas/Procurement Contact Information 239-252-2220 Contact/Department Agenda Date Item was February 13, 2024 Agenda Item Number 16.B.1.0 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 123-81491 Pace Analytical number if document is Pace Analytical Service, LLC to be recorded Service, LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ONB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the ONB document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on February 13,2024,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County vtlpj an option for Attorney's Office has reviewed the changes,if applicable. X this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I6B1 FIXED TERM SERVICE AGREEMENT # 23-8149 for Laboratory Services THIS AGREEMENT, made and entered into on this 1Z-- day of fel:AuDi 202' by and between Pace Analytical Services, LLC authorized to do business in the State of Florida, whose business address is 1800 Elm Street SE, Minneapolis, MN 55414-2500 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three ( 3 ) year period, commencing ❑ ; or ❑■ on March 24, 2024 and terminating on three ( 3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of❑■ Request for Proposal (RFP) ❑ Other ( )•# 23-8149 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2023_ver.2] 16 81 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): n • transferred from the County to thc contractor; and, as a busine;c, hourly or mat rial invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for thc fixed price contract is authorized. TTimme nd-Materials: The County a- qe„to pay the contractor for the amount of labor e of the project, or when it is expected • documentation for the project. Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement [2023_ver.2] 16 Ri 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. : Tfavet -ate fkieage $0 44.5-per:- -Re Breakfast W89 $4-1-89 t E er $19.00 44a%e Actual ticket cost limited to tourist or coach class fare Rental car vehicles • cap of no more than $150.00 per night _ PafkFRg Actual cost of ftarking • Taxi or Airport Limousine Reimbursable items other than travel expenses shall be limited to the following: telephone 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Pace Analytical Services, LLC Address: 8 East Tower Circle Ormond Beach, FL 32174 Authorized Agent: Attention Name & Title: David Chaffman, Director of Sales Telephone: (386)672-5668 E-Mail(s): David.Chaffman@pacelabs.com Page 3 of 17 Fixed Term Service Agreement [2023_ver.2] CA° I R1 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Captial Project Planning, Impact Fees, and Program Mgmt Division Director: Beth Johnssen Address: 2685 Horseshoe Drive S Naples, Florida 34104 Administrative Agent/PM: Danette Kinaszczuk, Manager-Pollution Control Telephone: (239) 252-5032 E-Mail(s): Pollution_Control@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2023_ver.21 ¶ 6 B1 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. ■ Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $ 2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. n Business Auto Liability: Coverage shall have minimum limits of$ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$ 1,000,000 for each accident. D. ■ Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. Gy•er Liability; Coverage shall have minimum limits of $ per claim. Page 5 of 17 Fixed Term Service Agreement [2023_ver.2] 16 R1 Coverage sh„ll hay r at l-Ft tee;, c-faim. G- n : Coverage ❑ : Coverage Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Page 6 of 17 Fixed Term Service Agreement [2023_ver.2] CA0 16 B1 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Captial Project Planning, Impact Fees, and Program Management 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), IU Exhibit A Scope of Services, Exhibit B Fee Schedule, n RFP/ 1-T-BI Other #23-8149 , including Exhibits, Attachments and Addenda/Addendum, ❑ cubsequent quotes,,-and❑Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Agreement [2023_ver.2] CAO � 691 ` located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest@solliercountvfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public: records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2023_ver.21 CPO 16► B 1 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. ❑ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debri", rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project cite, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall I ave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2023 ver.2] PQ C B1 25. ❑ WARRANTY, Contractor expressly warrants that thc goods, materials and/or equipment covered by this Agreement will conform to thc requirements as specified, and and conditioned in accordance with the instructions of the applicable manufacturers, t Documents. conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. A. Contractor shall fully protect the Work from loaf or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any to the Project. If Contractor, or its subcontractors, agents- or anyone, for whom faster a14 Page 10 of 17 Fixed Term Service Agreement [2023_ver.2] ICAO I 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. ❑ K€Y R€RSONNEL. T........-�he-Con+,,t;aetor's personnel and man agement t e , titized or this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall-ass-0 Page 11 of 17 Fixed Term Service Agreement [2023_ver.2] 6 R1 as many people as necessary to complete the services on a timely basis, and ach person assigned shall be available for an amount of time adequate to meet the required service • far in advance as possible. personnel. • AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n precedence over the Agreement. To the extent any conflict in the terms of the Contract • 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 12 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 16Ell four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS(acolliercountyfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. 1111 SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OS[-IA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2023_ver.2] CAO 1691 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comptroller By. 1+ .�'(�-c td.r su By: 61/jialk :' Dated:' ,D, ) iL (�Lt Chris Hall, Chairman '(SEAL) Attest as to Chairman's signature only. Pace Analytical Services, LLC Contractor's Witnesses: Contractor By: i .__ Contractor' First Witness ignature David M. Chaffman, Director of Sales Vincent Garcia TTypelprint signature and titleT TType/print witness nameT a 6 ,2/-'-./ Con`tracfor's S‘cond Witness Jeff Baylor TTypelprint witness nameT rov d as to rm nd Legality: 1 . -1`4i2PCoun�Atena LL Print Name Page 14 of 17 7----7) Fixed Term Service Agreement 4 , ' [2023 ver.21 _::A 16 B1 Exhibit A Scope of Services I■I following this page (containing 4 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2023_ver.2] 16 B1 Request for Proposal (RFP) 23-8149 "Laboratory Services" EXHIBIT A SCOPE OF SERVICES This Agreement is for experienced commercial laboratories to provide laboratory analyses and reporting services. The services required are in the following categories: The terms"Vendor" and"Contractor"may be used interchangeably throughout this Agreement. Award Criteria This Agreement is to be awarded on a Primary/Secondary basis, per category, as follows: Category A: Water Division Primary: Advanced Environmental Laboratories, Inc. Secondary: Pace Analytical Service, LLC Category B: Wastewater Division Primary: Pace Analytical Service, LLC Secondary: Eurofins Environment Testing Southeast, LLC Category C: Environmental Water—Pollution Control Primary: Pace Analytical Services, LLC Secondary: Eurofins Environment Testing Southeast, LLC Category D: Algae &Toxins—Pollution Control Primary: Eurofins Environment Testing Southeast, LLC Category E: Isotopes—Pollution Control Primary: Eurofins Environment Testing Southeast, LLC Category F: qPCR DNA Bacteria-Pollution Control—NO AWARD Category G: PFAS—Pollution Control Primary: Pace Analytical Service, LLC Secondary: Eurofins Environment Testing Southeast, LLC Should the Primary Vendor not be able to perform the services per the specifications outlined under this Agreement, as documented in writing,the County may move to the Secondary Vendor to perform the required services. Page 1 of 4 Exhibit A—Scope of Services CA 16B1 Request for Proposal (RFP) 23-8149 "Laboratory Services" DETAILED SCOPE OF WORK 1. General Vendor Requirements: a. The Vendor must supply sample kits within 48 hours of request.The kits must contain properly pre-cleaned/pre-preserved/pre-labeled(or required preservatives in a separate container)sample containers(tightly sealed),coolers,electronic chain of custodies,shipping account info/packing slips or QC samples(e.g.trip blanks)at no cost to the County.The Vendor must pay for all shipping costs associated with sample kits. b. The Vendor must pay for all shipping costs of sending samples to their sub-contracted laboratory(s). c. Provide reports in Excel, and PDF. Both formats may be required,depending on the project. Electronic Data Deliverables(EDDs)must have no critical errors. Should critical errors be identified,data provider must revise the EDD. d. Results must be available within ten(10)business days after receipt of the samples by the laboratory. e. All results reported must include the program/project name,the County's ID number,station,name of the analyte, result qualifier, detection limit, practical quantitation limit, dilution used, preservative(s) used, the date/time collected/received, date/time analysis performed, and analyst name, laboratory certification number(including subcontractors)and method used. f. Results for samples that have multiple analytes shall be listed on one report sheet. Results for samples with a single analyte can be combined in table form. g. Laboratory must notify the applicable County section representative via email: 1. Within 24 hours of sample receipt if analysis cannot be performed. 2. If the sample can't be analyzed without qualifying the data due to the following reasons: sample out of hold,out of temperature, or improperly preserved, insufficient sample volume or the sample was broken in transit. Once notified,the County will decide whether the laboratory should continue with the analyses. If the County has not been contacted or decides not to go forward with the analyses due to it needing to be qualified, the County will not pay for the analyses. h. In the event samples are lost by the Lab or not properly analyzed(incorrect analytes analyzed, samples analyzed beyond approved holding times without County authorization,etc.)the vendor will be liable for costs incurred by the County for collecting additional samples. i. The County reserves the right to reject without charge any data that is qualified due to vendors failure and the vendor is responsible for the cost of resampling and shipping. j. If a rush charge is needed to analyze sample to avoid data being analyzed out of hold due to the County submitting a sample outside a reasonable holding time,that rush charge must be authorized by the County. k. The County can request results within 72 hours.A rush fee may be applicable. 1. Laboratories may subcontract a portion of the analysis to other facilities, i.e. cyanotoxins. The other facilities are subject to the same requirements in this contract. The Vendor must be responsible for the cost of all packing and shipping of samples and containers that will be sent to other laboratories for subsequent analysis. m. The County shall not be charged a sample disposal fee. Page 2 of 4 Exhibit A—Scope of Services CAO Request for Proposal (RFP) 23-8149 it 6 B "Laboratory Services" n. Should the initial and re-analysis fail and not support the validity of results the county may withhold payment for analysis of the specific analytes failing the validation test. o. Results must be signed by the QA/QC officer or his/her representative of the company verifying the authenticity of the analyses. p. The Vendor must complete all Chain of Custody forms as appropriate and return the original completed forms to appropriate County Department/Division. q. For all analyses,results should be reported within the linear range and below the highest calibration standard. r. Samples shall not be diluted to produce a result that is below the detection limit at an elevated level of detection. s. Data qualifiers shall follow 62-160 F.A.C. t. The County reserves the right to site audit the awarded Laboratory(s)facility. 2. Category A—Additional Requirements a. All Drinking Water Division analytical results must be on,or accompanied by, signed"Public Drinking Water Analysis Reporting Forms." All reporting forms shall be current Florida Department of Environmental Protection(FDEP)approved forms. b. The Vendor must notify applicable County Division within 24 hours of analysis if a result exceeds a drinking water Maximum Contaminant Level(MCL). c. All drinking water samples shall be analyzed using only approved drinking water methods per 40 C.F.R. §§141.21, 141.23, 141.24, 141.25, 141.27, 141.74, 141.89, 141.131, 141.402, 141.704, 141.852,and 143.4 and Appendix A to 40 C.F.R.Part 141, Subpart C d. Maintain accreditation through The NELAC Institute(TNI). e. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. f. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. g. All laboratory analytical reports must comply with 62-160,F.A.C. h. Provide reports in all the following formats: Watershed Information Network(WIN),Excel, and pdf. Multiple formats may be required,depending on the project. Electronic Data Deliverables (EDDs)must have no critical errors. Should critical errors be identified,the data provider must revise the EDD. i. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. 3.Category B—Additional Requirements a. All Wastewater Division samples must be analyzed using analytical test methods and method detection limits(MDLs)sufficiently sensitive to ensure compliance with applicable water quality standards and effluent limitations in accordance with Rule 62-4.246,Chapters 62-160 and 62- 600,F.A.C., and 40 CFR 136,as appropriate.A list of established analytical methods,and corresponding MDLs(method detection limits)and PQLs(practical quantitation limits),which is titled"FAC 62-4 MDL/PQL Table(November 10, 2020)" is available at https://floridadep.gov/dear/quality-assurance/content/quality-assurance-resources.The MDLs and PQLs as described in this list shall constitute the minimum acceptable MDL/PQL values. Page 3 of 4 Exhibit A—Scope of Services CAD Request for Proposal (RFP) 23-8149 "Laboratory Services" b. Approved analytical methods identified in Rule 62-620.100(3)(j),F.A.C., shall be used for the analysis. If no method is included for an analyte,methods specified in Chapter 62-550, F.A.C., shall be used. c. Maintain accreditation through The NELAC Institute(TNI. d. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. e. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. f. All laboratory analytical reports must comply with 62-160,F.A.C. g. Provide reports in all the following formats: pdf. Should critical errors be identified,data provider must revise the report. h. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. 4. Category C—Additional Requirements a. All samples must be analyzed using the approved methods listed in 40 CFR 136 and in accordance with Rule 62-4.246,Chapters 62-160, 62-600,62-550, 62-770 F.A.C.,and other relevant chapters as appropriate. b. Method detection limit(MDL)and practical quantitation limit(PQL)must be sufficiently sensitive to fall below the criteria listed within the above F.A.C.s. c. Maintain accreditation through The NELAC Institute(TNI). d. Maintain certification through the contract term by the Florida Department of Health(FDOH) Environmental Laboratory Certification Program. e. A FDOH analyte sheet for all certified analytes must accompany each proposal submitted. f. All laboratory analytical reports must comply with 62-160,F.A.C. g. Provide reports in all the following formats: Watershed Information Network(WIN),Excel,and pdf. Multiple formats may be required,depending on the project. Electronic Data Deliverables (EDDs)must have no critical errors. Should critical errors be identified,data provider must revise the EDD. h. The County may submit blind or split QC samples to the Vendor to validate analysis results. Should the results fail,the county may request re-analysis at no additional cost. i. Listed Reference Methods in Category C on the Price List may change due to regulatory updates to the list of approved methods to reflect and advances in technology.These are included solely for reference by department environmental professionals and are unrelated to vendor invoices or payments. 5. Category D—Additional Requirements-None 6.Category E—Additional Requirements- None 7. Category F—Additional Requirements- None 8. Category G-Additional Requirements Provide reports in all the following formats: Watershed Information Network(WIN),Excel,and pdf. Multiple formats may be required, depending on the project. Electronic Data Deliverables(EDDs)must have no critical errors. Should critical errors be identified, data provider must revise the EDD. Page 4 of 4 Exhibit A—Scope of Services CAO 16R1 Exhibit B Fee Schedule following this page (containing 28 pages) Page 16 of 17 Fixed Term Service Agreement [2023_ver.2] Negotiated with Collier County 9/29/2023 i b / 2eAnaIyI EVALUATION CRITERIA NO. 2: COST OF SERVICES TO THE COUNTY Collier County pricing sheet is offered in this section. MDL's and PQL's will be listed in a separate sheet from the pricing sheet in this section. The group analytes are reported and billed as a method no matter how many compounds are reported. Rush Turn Around Time (TAT) will be offered at the following markups for work performed Monday through Friday. 1 Day = 3X 2 Day = 2.5X 3 Day = 2X 4 Day = 1.5X 5 Day = 1.25X Pricing sheet is attached in a separate file as well as an excel file for ease of viewing. Rad Chem will be 4 weeks for turnaround time on water matrix. This test is run at the end of each month. Check with the your Pace Project Manager for this schedule. Turnaround times for the work that is sent out may take up to a week more to have final data. Most of the work on this RFP is done in house. The Use Test will take up 4 to 6 weeks to complete. Acrylamide and epichiorohydrin is a sub out to Eurofins and may take 3-4 weeks The pricing in this document is for normal business hours Monday through Friday 8 am -5 pm. Weekends and holidays will be quoted at the time of need. A comparison spreadsheet is provided for MDL and 62-4 limits for Category B (Wastewater). Solids samples with no methods or prices listed in the bid will be billed at the water rates listed with an additional 10% added to those prices. If Low Level PAH analysis is needed Pace will offer this by 8270 LL-PAH at a cost of$ 100.00 per sample for water samples. Pace will filter at our lab for an additional charge of$20 per sample if requested. Samples for water and or solids that have only one metal will receive a $10.00 prep fee. 2 or more metals will not receive this prep fee. 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