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Backup Documents 08/27/2024 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIyECEIVED TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO AUG 2 8 2024 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to thaSknhialitagWent 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 Z 6C 1 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 routine 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 01?/2.1--- 2. County Attorney's Office County Attorney Office l l4. BCC Office Board of County ` iPZ Commissioners cN`r faki Kt3lz 4. Minutes and Records Clerk of Court's Office 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 Vanessa Diaz/Procurement Contact Information 239-252-8947 Contact/Department Agenda Date Item was August 27, 2024 Agenda Item Number 16.C.1. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 24-028-NS Accutech number if document is Accutech Instrumentation, to be recorded Instrumentation, Inc. 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 VD 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-throughs 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 VD 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 VD 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's 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 August 27,2024 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County c 4,./ L an option for Attorney's Office has reviewed the changes,if applicable. rim 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 .lj an option for Chairman's signature. this line. 16C1 BCC Meeting Date/Assigned Attomey/Item Number:t/Z7 GAS ICC • Type of Contract: Contract No: V-1-O21—NS Contract Checklist Entity Name P CC.c,f e CI ('S tEcomerth,f ity, 11 G Florida Department of State Sunshine Law Requirements Entity correct on contract?/ 119.0701 Contracts; public records.— '...---- . Entity registered with Dept.of State?/ (a) The following statement,in substantially the following Person signing contract an officer per Dept.of State? form,identifying the contact information of the public agency's 1...e,tfcr OF le?„f1 0 rzz0j-ic custodian of public records in at least 14-point boldfaced type: Insurance IF THE CONTRACTOR HAS QUESTIONS REGARDING THE Insurance certificate included?" APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO Contract!Project referenced on certificate?/•� THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC • RECORDS RELATING TO THIS CONTRACT,CONTACT THE Certificate holder BCC(MUST HAVE)?,/ CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address,and mailing address) . Commercial General Liability (b) A provision that requires the contractor to comply with Each Occurrence $ I M $ 1/Y1 public records laws,specifically to: Damage to Rented Premises$ $ 1. Keep and maintain public records required by the public Med Exp$ $ agency to perform the service. Personal and Adv Injury$ $ 2. Upon request from the public agency's custodian of public records,provide the public agency with a copy of the requested General Aggregate$ 2/1•1 $ ." records or allow the records to be inspected or copied within a Products-COMP/OP AGG $ $ reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Automobile Liability • 3. Ensure that public records that are exempt or confidential Single Limit(each accident) $_500 k $ (,r, and exempt from public records disclosure requirements are not Bodily injury(per person) $ $ disclosed except as authorized by law for the duration of the Bodily injury(per accident) $ $ contract term and following completion of the contract if the contractor does not transfer the records to the public agency. Property damage(per accident)$ $ 4. Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the contractor or Umbrella Liability keep and maintain public records required by the public agency to • Each occurrence $ perform the service.If the contractor transfers all public records to Aggregate $ the public agency upon completion of the contract,the contractor • shall destroy any duplicate public records that are exempt or Worker's Compensation and Employers'Liability confidential and exempt from public records disclosure WC Statutory Limits requirements.If the contractor keeps and maintains public records Each Accident $ SOo( $ I,..l upon completion of the contract,the contractor shall meet all applicable requirements for retaining public records.All records Disease(Each employee) $ $ stored electronically must be provided to the public agency,upon Disease(Policy Limit) $ $ request from the public agency's custodian of public records,in a format that is compatible with the information technology systems Other Insurance of the public agency. Professional Liability ***Must contain this language in every contract. Each Claim $ $ Each Aggregate $ $ Signature BIocks Person who signed contract is eligible per Dept. of State? County required to be named as additionally insure ?`- Title correct and listed under signature?‘...--- County actually named as additionally insured? Proper number of witnesses/notary? Same witnesses on both contracts?" Indemnification Chairman's signature block? 4"..- Indemnification included in County requirements?" Clerk's attestation signature block?,- Who is being indemnified in contracty0 a,. G,......kr County Attorney signature block?'./ Bonds Attachments Performance Bond? All attachments included in both copies of contract? Public Payment Bond? Bid Contract Attachments: Bid Bond?(If necessary,5%of amount approved) A. H. B. I. ***Bonds must match dollar amount exactly as BCC C. J. approved per Agenda Recaps. D. K. E. L. ***Risk has reviewed any contract with an insurance F. M. certificate. G. N. • Review by: Initials: Date: j� 16C 1 GENERAL SERVICE AGREEMENT (NON-SOLICITATION) # 24-028-NS for Teledyne ISCO Refrigerated Autosampler Products and Services THIS AGREEMENT, made and entered into on this 2:1 day of Pr IXivSI' 20 24 , by and between Accutech Instrumentation, Inc. authorized to do business in the State of Florida, whose business address is 2108 Crown View Drive, Charlotte, NC 28227 (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 five ( 5 ) year period, commencing ; or • on October 1, 2024 and terminating on five ( 5 ) 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 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 I I Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services/products in accordance with the terms and conditions of this Agreement, I■I Exhibit A — Scope of Services, attached to this Agreement ICI Exhibit B — Fee Schedule, attached to this Agreement and made an integral part of this Agreement. Services/products acquired through this Agreement have been authorized through the approval of a • Single/Sole Source Waiver, Exemption from the Competitive Process, Other: Page 1 of 18 General Service Agreement Non-Solicitation [2023_ver.2] I CAO 6C1 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. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 4. THE AGREEMENT SUM. • • Apt". ICI The County shall pay the Contractor for the performance of this Agreement an estimated maximum amount of One Hundred and Fifty Thousand Dollars ($ 150,000 ), per County fiscal year, based on units/services furnished per 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". n estimated maximum amount of • t.payment-A t". 4.1 Price Methodology (as selected below): Lump Sum (Fixed Price}: A firm fixed total price offering for a project; the risks arc tFansfcrred from the County to the contractor; and, as a business practice there are no satisfaction of the County's project manager before payment for the fixed price contract +c authorized. Page 2 of 18 General Service Agreement Non-Solicitation [2023_ver.2] C40 16C i n Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected 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 company (or subcontractor) timekeeping or payroll records), 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. 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. 45 must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Rei rates- Mileage $0.44.5 per mile Breakfast $6,00 Lune-h $-114)0 der 0 Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard size vehicles Lodging t Page 3 of 18 General Service Agreement Non-Solicitation [2023_ver.2] Cqo 16C1 Packing Aettial-c-est-e4ack4ng • 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: Accutech Instrumentation, Inc. Address: 6500 Bowden Road, Suite 304 Jacksonville, Florida 32216 Authorized Agent: Attention Name & Title: Jarrod Taylor Telephone: (407) 340-1746 E-Mail(s): Jarrodtaylor©fluidflow.com 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 Director: Robert VonHolle Division Name: Wastewater Divison Address: 3339 Tamiami Trail E Naples, Florida 34112 Administrative Agent/PM: Donna Deeter Telephone: (239) 252-2622 E-Mail(s): Donna.Deeter©colliercountyfl.gov Page 4 of 18 General Service Agreement Non-Solicitation [2023_ver.2] 16C 1 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 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 the sole judge of 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. Page 5 of 18 General Service Agreement Non-Solicitation [2023_ver.2] cq(` 16C1 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. • Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. • Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The covera ' •I:)- n liability for claims arising out of the performance of professional services under this ,€,,,n • Cnor +ivpr, o ,,h +ll hay imi m limits of$ per Iaim — -fie e-&hail have minimum limits of$ per claim. G n — image--skull 14: n — : Coverage shall Special Requirements: Collier County Board of County Commissioners, OR, Collie County Government shall be listed as the Certificate Holder and included as an II Contractor's policy shall be endorsed accordingly. Page 6 of 18 General Service Agreement Non-Solicitation �Y,_.� [2023_ver.2 . 9 )1. 16C 1 provide County with certificates of insurance meeting the required insurance provisions. • Contractor shall also notify County, in a like manner, within twenty four (24) hours after Contractor shall ensure that all subcontractors comply with the same insurance 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. 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 Wastewater Division 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. Page 7 of 18 General Service Agreement Non-Solicitation [2023_ver.2] Cq 16C 1 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, 0 Insurance Certificate(s), 0 Exhibit A Scope of Services, n Exhibit B Fee Schedule, n subsequent 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 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: Communications, Government and Public Affairs Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestCc_colliercountvfl.gov Page 8 of 18 General Service Agreement Non-Solicitation [2023_ver.2] Cq0 16C 1 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 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 Page 9 of 18 General Service Agreement Non-Solicitation [2023_ver.2] Cq 16C1 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 a Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. I I vo e"n } Mll fimes-o debrio k. At the completion of the Work, site, as well as all tools, appliances, construction equipment and machinery and-surplus materials, and shall leave the Project site cyan. 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. 25. ■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in 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 Page 10 of 18 General Service Agreement Non-Solicitation [2023_ver.2] 16CI 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. ❑ cQ��--EOT-:ONr . 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 acceptable to the County. 27. . 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 contractors, Contractor shall be charged with the same, and any monies necessary Contractor. Work or adjacent property to stresses or pressures that will endanger it. immediately notify the County. The County shall re establish the benchmarks and 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form 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. Page 11 of 18 General Service Agreement Non-Solicitation [2023_ver.2] CA0 16C 1 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 'K Y--PERS NNEL The traotor'c refSonnel and management to be utilized for fight to perform investigations as may be deemed necessary to ensure that competent dates. The Contractor shall not change Kcy Personnel unless the following conditions arc seven (7) days of the change. The County retains final approval of proposed replacement 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. 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, Page 12 of 18 General Service Agreement Non-Solicitation [2023_ver.2] Cqn 16C 1 and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. n ORDER nF PRECED.ENCE ;_,aM Eund.edb-1r1.-the event of any conflict-between or cdence over the terms of , , the Agreement, tho- conflict shall be resolved by imposing the more strict or costly 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 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-FMOPSAcolliercountyfl.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. Page 13 of 18 r") General Service Agreement Non-Solicitation [2023_ver.2 16C 1 38. 7 SAFETY. All Contractors and subcontractors-performing service for Collier County arc rules and regulations. Also, all Contractors and subcontractors shall be responsible for Collier County Government has authorized the Occupational Safety and Health Administration (OcHA) to enter an the right to refuse to allow OSHA onto a project that is being performed on Collier Coup . to the project. However, this decision Safety Engineer. (Remainder of page intentionally left blank-signature page to follow) Page 14 of 18 General Service Agreement Non-Solicitation [2023_ver.2] CAO 16C 1 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 COLLIER COUNTY, FLORIDA Crystal K. Kinzel, Clerk of the Circuit Cdurt and Comptroller � y T By. 4bc By: CHRI ALL Chairman V4j4i& : ; _, q5a Date:' (SEAL) Attest as to Chairman's i., signature only Contractor's Witnesses: Accutech Instrumentation, Inc. Contractor ( :_ifictbs. >2 4, -,k-1/;igAA_L• By: Contractor's First Witness SignAire / I �/� J Cre►�et ll►�ariek5er, c'e*t II ade //f i e 1'Type/print ignature and title 1'Type/print witness namet 01/6,k.'1\A\ 4/1-:, Contractor's Second Witness Cuc(C tAtr7e tType/print witness name Approved as o Form and Legality: As 4 County Attorney Cie S 411 ,li.cwe. Sev`1eev€€i4u -- Print Name Page 15 of 18 General Service Agreement Non-Solicitation 1.2023_ver.2 ( 4. • • • ti Y • • • • • •, i • ) .l 16C 1 Exhibit A Scope of Services X following this page (pages through ) ❑ this exhibit is not applicable Page 16 of 18 General Service Agreement Non-Solicitation [2023_ver.21 C40 16C1 Exhibit A - Scope of Work Provide Refrigerated Autosamplers, sampler bottles,tubing, spare and replacement parts and Services for the lab and pretreatment sampling within the wastewater plants for Collier County to ensure state and federal compliance. Freight and Shipping charges shall be paid at cost with documentation provided with invoice. S 16C 1 Exhibit B Fee Schedule UI following this page (pages 1 through 2 ) ❑ this exhibit is not applicable Page 17 of 18 General Service Agreement Non-Solicitation [2023_ver. CAO 1 16C1 Exhibit B - Fee Schedule Accutech Instrumentation, Inc. Additional Part Numbers That May Be Required On Future Purchases But Not Included In This List Can Be Quoted As Needed And Supplied At The Current List Price. Manufacturer Part Number Description Unit Price 6712FR Refrigerated Sampler(120 VAC,60 Hz). Includes Teledyne Isco 68-6710-072 controller,refrigeration unit,distributor arm,and two pump $ 10,214.00 tubes. Does not include bottle configuration kit. Teledyne Isco 68 6700 038 1-bottle Configuration. Includes one polyethylene 2.5-gallon $ 275.00 (10-liter)round bottle,two caps and two discharge tubes. Teledyne Isco 60 9004 379 3/8 inch ID x 25 ft. long vinyl suction line with standard $ 188.00 weighted polypropylene strainer. Includes tubing coupler. Teledyne Isco 60-9004-226 Temperature Sensor $ 170.86 Teledyne Isco 60-9004-240 Evaporator Sensor $ 169.52 BLZZRD Package with 14 x 950m1 poly bottle configuration Teledyne Isco 68-2960-028 ,and 3/8 inch ID x 25 ft. long vinyl suction line with $ 7,693.00 standard weighted polypropylene strainer BLZZRD 14-bottle configuration. Includes 14 Teledyne Isco 68-2960-020 polypropylene 950-mL bottles with caps,two discharge $ 621.00 tubes,bottle carrier and adapter. Teledyne Isco 68-2960-021 BLZZRD 2.5 gal (10 liter)glass bottle with PTFE lined caps. $ 250.00 Includes two discharge tubes and adapter. Teledyne Isco 68 2700 005 2.5-gallon(9.5-liter)glass round bottle with PTFE lined cap- $ 120.88 quantity 1 Teledyne Isco 60-2974 048 BLZZRD Mobility Kit. Includes frame with lifting handles, $ 690.00 pneumatic tires,and pull handles. Teledyne Isco 68 1680-059 3/8 inch vinyl suction line-500 ft. Includes two tubing $ 494.00 couplers. Discharge tubing for 5800/4700 and 6700 Series/Avalanche Teledyne Isco 60-6700-047 Sampler,pump tubing for 3700 Series, GLS,and Glacier $ 492.00 Samplers-50 ft. Tubing coupler,3/8 inch.One-piece,clampless coupler Teledyne Isco 60-3709-002 $ 40.00 made of stainless steel. Can be used with any ISCO sampler. Teledyne Isco 69-2903-138 3/8 inch stainless steel strainer, low flow. $ 88.00 Teledyne Isco 60-2974-025 Distributer arm $ 86.94 Model 913 High Capacity Power Pack. Converts 120 VAC, 50/60 Hz to 12 VDC. Includes separate output for charging Teledyne Isco 60-1684-088 ISCO batteries.UL and ULC listed. For use with ISCO GLS, $ 463.00 3700,6100,and 6700 Series Portable Samplers;4200 Series flowmeters;and Signature Portable flowmeters. Model 934 Nickel-Cadmium Battery. Rechargeable, 12 VDC,4 amp-hours. For use with ISCO GLS,3700, 6100, Teledyne Isco 60-1684-040 and 6700 Series Portable Samplers;4200 Series flowmeters; $ 378.00 and 150 Portable Peristaltic Pump. Recharge using Model 961 or 965 battery charger. °40 Page 1 of 2 2 16C 1 Connect cable for external 12 VDC source. Six ft.cable for powering portable ISCO sampler or flowmeters from an external 12 VDC source,such as an automotive or deep- Teledyne Isco 60-1394-023 cycle marine battery.Terminates in heavy-duty battery clips. $ 147.00 For use with ISCO GLS,3700,6100,6700 Series portable samplers;4200 Series flowmeters,and 150 Portable Peristaltic Pump. Teledyne Isco 60-3204-007 Sensor carrier for attaching bubble line to ISCO Mounting $ ►66.00 Rings. Street Level Installation Tool Multi-section pole. Includes Teledyne Isco 60-3204-012 one 2-1/2 ft.pole section with adapter for attaching $ 1,136.00 mounting ring,and six 2-1/2 ft. pole sections. Street Level Installation Tool Mounting Ring for 6 inch Teledyne Isco 60-3204-014 $ 484.00 diameter pipe.Includes strap. Teledyne Isco 60 3204 O15 Street Level Installation Tool Mounting Ring for 8 inch $ 514.00 diameter pipe.Includes strap. 6 inch metering insert without pump and poles.Metering Teledyne Isco 60 3234 031 insert with round orifice flow section and attachable 60 $ 1,162.00 degree V-notch weir plate. Supplied with right angle insertion tube and inflation/bubbler hose. 8 inch metering insert without pump and poles.Metering Teledyne Isco 60 3234 032 insert with round orifice flow section and attachable 60 $ 1,210.00 degree V-notch weir plate. Supplied with right angle insertion tube and inflation/bubbler hose. Signature®Portable Base Station.Used on the 330 Bubbler only. Base station includes carrying handle with stand, Teledyne Isco 62-4330-004 desiccant cartridge,and 12 VDC power input cable.This $ 4,600.00 item does not include power,bubble tube,bubble line,and configured options which must be ordered separately when not ordered as a system. Teledyne Isco 60-1700-003 1/8 inch x 100 ft.vinyl bubble line. $ 91.00 TIENet®306 Sampler Interface with 10 m(32.8 ft)cable. Teledyne Isco 60-4304-076 Interface cable includes a TIENet plug. Supports flow $ 750.00 pacing and sampler enabling. TIENet®306 sampler interface cable with 32 ft(10 m)long cable. Includes one TIENet cord grip fitting(209-0073-12) for watertight connection to the Signature®meter.Connects Teledyne Isco 60-4304-007 $ 650.00 to six-pin flowmeter port to support sampler pacing and enable functions. For interfacing with a 5800/4700 refrigerated use 605804179. Technician Labor Rate Hourly $200.00 CO Page 2 of 2 0 ; 6C1 Other Exhibit/Attachment Description: ❑ following this page (pages through ) • this exhibit is not applicable Page 18 of 18 General Service Agreement Non-Solicitation [2023_ver.2] clo