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HomeMy WebLinkAboutAgreement_General_4/13/2023_Pace Analytical ServicesBudget Table April 2023 Council Agenda Item Consent — Pace Analytical Services, LLC Consider Approval of an Agreement with Pace Analytical Services, LLC, for $6,012, to Conduct Pre-screening Sampling for the Upcoming UCMR5 Rule (Including PFAS) Requirements FY23 Budget Operating Expenditure Budget 401-242-531.342 Water Analysis and Sampling WATER ANALYSIS & SAMPLING STATUS FY23 Budget FY23 Projected/ Adjusted Budget Encumbered This Request (Reallocate) Remaining 1 Jupiter Environmental Labs Ongoing Sampling $28,000 $31,903 $31,903 N/A $0 2 Marinco Labs (bioassay concentrate line) One of Two Sample Events Complete $6,000 $6,368 $3,184 N/A $3,184 3 Pace Analytical Services, LLC (UCMR5 Prescreen)* Samples in Scheduling $3,500 $6,012 $0 $2,512 $6,012 4 Markey Consulting Group (NELAC recert for bac-ti) Nearly Complete $0 $6,000 $6,000 N/A $0 5 Other Miscellaneous As Needed $5,000 $5,000 $0 (-$2,512) $2,488 TOTAL $42,500 $55,283 $41,087 - $11,684 *this Council request Note: • To cover the budget shortfall of $2,512 for #3 Pace Analytical Services, LLC, to conduct pre-screening sampling for the "Unregulated Contaminant Monitoring Rule #5" (UCMR5), we propose to reallocate money from "Other Miscellaneous" water analysis in the amount of $2,512 to cover the shortfall • Overall, there is a shortfall in the "Water Analysis and Sampling" budget of $12,783, which will require a budget amendment at the mid- year budget amendment meeting, which will be brought forward to the Village Council Page 1 of 1 Village of Tequesta 6 8 East Tower Circle Ormond Beach, FL 32174 Phone 386-672-5668 Fax: 386-673-4001 UCMR 5 Price Quote Quote Prepared for: Village of Tequesta 901 N. Old Dixie Hwy. Tequesta, FL 33469 USA Budgetary Estimate Name. 00132991 - Tequesta UCMR 5 Pre Screen 03032023 Pace® Contact Information Account Executive Mike Valder mike.valderd%pacetabs.com (813)340-8100 Project Information PWS ID#: Sampling Dates/Sampling Schedule: Project Location: Shipping Information: UCMR 5 c;ontainer set and shipping to client by Fed Ex Ground is included. Also included is sample shipment back to Pace by Fed Ex Standard Overnight for weekday delivery Turn Around Time (TAT): EPA requirement is 90 calendar days from sampling date. Pace TAT is typically <25 business days. Rush surcharges may apply. Certification Requirements: US EPA EDD Requirements: Data uploaded into EPA CDX SDWARS by Pace Report Level: UCMR 5 Special Instructions: Nate Litteral (561) 786-0493 nlitteral@tequesta.org Reference Number 00132991 Project Manager FL4501438 Single Sampling Event FL 4 Sampling locations Tequesta wants pre survey data for UCMR 5 methods. o Sample from the untreated groundwater header (manifold where all the water from the 10 wells comes into) o Sample from the untreated upper Floridan aquifer water —just to rule it out o Sample from water treated through the filter plant o Sample from the water treated through the reverse osmosis plant Minimum Laboratory Fee Waived Quote Details -� ?ace � , 4.00 200.7 4.001 EPA 533 Drinking UCMR 5 Metal: Lithium Water Drinking UCMR 5 Per- and Polyfluoroalkyl Water Substances (PFAS) Drinking UCMR 5 Per- and Polyfluoroaklyl 4.00 EPA 537.1 Water Substances (PFAS) EPA 533 Field UCMR 5 533 Field Reagent Blank 4.00 FRB Blank (FRB)* EPA 537.1 Field UCMR 5 537.1 Field Reagent Blank 4.00 FRB Blank (FRB)- 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 $50.00 $200.00 $200.00 $350.00 $1,400.00; $1,400.00 $300.00 $1.200.00 $1,200.00 $350.00 j $1,400.00 $1,400.00 $300.00 $1,200.00 $1,200.00 i 12.00 Drinking Sample Disposal i Per DW Sample $6.00 $72.00 $72.00 Water 1.00 Environmental Impact Fee (Per Per Invoice $25.00 $25.00 $25.00 Invoice) Pace Pompano Single Sampling Beach 1.001 Field Sampling Services Event $515.00 $515.00 $515.00 Grand -Total 'Notes on UCMR 5 Field Reagent Blanks (FRB) $6,012.00 UCMR 5 Field Reagent Blank (FRB) - if any Entry Point sample result is greater than or equal to the reporting limit then FRB analysis is required by EPA and is billable. If not, FRB handling/disposal fee is charged at $125 each. For your project and budget planning purposes, Pace estimates that analysis of at least 70% of all FRBs will NOT be required. Additional Pricing Considerations Pace Analytical is U.S. EPA approved for UCMR testing and certified for drinking water compliance monitoring in all 50 states, Puerto Rico, U.S. Virgin Islands, and Guam. If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative. In accordance with mandatory EPA specified UCMR 5 requirements under certain conditions resampling is required. The cost of a resampling container set ($150) will be borne by the client for reasons not caused by Pace Analytical. Examples include: Samples received at the lab outside of the EPA required temperature range (2°C-100C). • Presence of Chlorine. Samples received broken. Sample containers received not filled to the neck of the container. Samples taken from wrong site, and samples taken from a site for incorrect parameters. Please note: Quoted prices include standard Pace Analytical QA/QC, reporting limits, compound lists and standard report format unless noted otherwise. TAT (Tum-around Time) is in working/business days unless otherwise specked above. Any deviation from the above quoted scope of work, including sample arrival date and volume, may result in adjustment of prices. Sample containers can't be reused by the lab once they have been distributed to a client. Pace reserves the right to charge for returned unused containers. Pace Analytical appreciates the opportunity to be of service to you. Please call your Pace Account Executive or Project Manager referenced above for any questions concerning this estimate. Pace@ Analytical Terms and Conditions �ce, 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 These Standard Terms (Terms) govern all services that Pace Analytical ("Lab") will perform on behalf of ("Client"), and supersede any other written provisions (including purchase/work orders) related to the services, as well as all prior discussions, courses of dealing, and/or performance, unless a separate, executed agreement for the same or similar services already exists between the Lab and Client (collectively "the Parties). or the Parties subsequently agree to terminate or amend these Terms, as allowed in Section 10 and 12. respectively. 1. Definitions: Chain of Custody (COC)o A document evidencing the collection, handling, delivery, etc of a sample or Sample Delivery Group Holding Time: The maximum amount of time a sample may be stored before being analyzed. Sample Delivery Acceptance (SDAI: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced by either a notation on the Chain of Custody or an entry in the Lab's information management system (LIMS). Sample Delivery Group (SDG): A set of samples normally shipped and reported to the Lab as a group. Turnaround Time (IAT): The maximum allowable period within which Lab must report out its analytical testing results to Client, calculated from the date of SDA. 2. Client's Obfi flonns: a. To initiate Lab's services, Client must reference a quotation number (if applicabie) and complete one of :he following steps. i. Submit a completed purchase order by 1. hand (i.e., in person) 2. mail, or 3. e-mail; or ii. Place an order by: 1. telephone 2. e-mail, or 3. delivering a sample (or SDG) to Lab and completing the COC b Subject to occasional, mutually agreed -upon exceptions. Client must give five (5j days' prior notice for each sampie delivery and provide the following information: I. Name of the responsible project manager ii. Name of the person submitting the sample iii. Name/location of collection site iv. Date and time of collection v. Specific testing being requested, and vi. Sufficient details about reporting requirements s ). Client shall also. i. Remain liable for any loss or damage to sample(s) until SDA )including that which may occur as a result of third -party shipping delays) ii. Pay all invoices in full on a net 30 basis or as otherwise agreed in writing iii. Notify Lab about any disputed charges or results within 30 days of receiving applicable invoice iv. Reimburse Lab for any costs" related to delinquent payments v. Demonstrate its (or, if applicable, the Prime Client's) credit worthiness by accessing the following link https://www.pacelabs.com/my-account.html and clicking on "Client Profile Information." (Note. Client must pre -pay for services pending completion of this process and Lab's approval of a credit line vi. Pay for any services it orders on any already analyzed sample vii. Obtain Lab's written consent before assigning billing or payment of Lab services to any third party, (failure to do so shall mean Client remains responsible for the payment of any outstanding balance) viii. Refrain from using any of Lab's supplies (e.g., containers) in connection with any non -Lab work ix. Ensure that any sample(s) containing any known hazardous substance is (are) lapeled, packaged, manifested, transported, and delivered to Lab in accordance with all applicable regulations x. Obtain Lab's prior written consent before publishing Lab's name andior any data xi. Reimburse Lab for any out -of -scope services and related expenses (e.g , defending its analytical results or responding to a subpoena for documents and/or expert testimony) xii. Excuse Lab for any failure or delay in its performance caused by someone or something outside its control, e.g., a third party or "Force Ma)eure" event or circumstance, such as natural disasters or government shutdowns, and xiii. Accept responsibility for any claims, damages, losses, expenses". etc. to the extent caused by Clients: breach of these Terms; negligence or willful misconduct (includes Client's use of Lab data for anything other than the specific purpose for which it was intended), or violation of applicable laws. 3. Lab's Obfi tq£ i� ons: Lab shall: a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionally recognized standards. b. Identify on quotation if services will be sent to another Lab location or to a third parry c. Promptly notify Client of any: i. Missing sample or otherwise compromised sample(s) ii. Significant delays or other issues affecting Lab's services, or 8 East Tower Circle Ormond Beach, FL 32174 Phone: 386-672-5668 Fax: 386-673-4001 ace, iii. Subpoena or similar demand for Lab compliance d. Maintain high -quality services. e. Prepare and keep accurate records. f. Obtain/maintain any permit(s), license(s), or certifications) g. Charge its fees on a net 30 basis (unless otherwise agreed). h. Impose a one and one half percent (1.5%) per month late charge on any unpaid balances. i. Assess a two and one half percent (2.5%) surcharge on any payments made by credit card. (Client can avoid this charge by paying with a debit card, an e-check/check by phone, a wire transfer, or an ACH payment.) j. Invoice Client for each sample or SDG as reported k Assume risk of loss or damage to any Client sample(s) upon SDA. 1. Initiate analysis within established holding times — so long as SDA occurred within 48 hours of collection or the first half of the maximum allowed holding time. m. Indemnify Client for any claims; damages, losses, expenses', etc. to the extent they were caused by Lab's breach of these Terms, negligence or willful misconduct, or the negligence and willful misconduct of persons for whom Lab is legally responsible. n. Warrant the results, with the express understanding that this warranty is exclusive and does not extend to any merchantability or fitness for a particular purpose. 4. Lab's Discretionary Actions: Lab may: a. Cease all services, including any release of data, if Client does not pay as agreed b. Reject or rescind any SDA if Lab decides sample poses a risk c. Charge or bill Client directly for: i. Any supplies (including containers) that are not used or returned ii. Expedited outbound/return shipping for any sample that is not time -sensitive iii. Disposal of any air samples that have not been reclaimed within seven (7) days of Lab's SDA thereof iv. Disposal of any other sample not been reclaimed within 21 days of Lab's SDA thereof, or as otherwise required v. A minimum fee for invoicing and/or handling any sample vi. A sample that underwent SDA, but was not analyzed, at Client's direction vii. Additional shipping and handling as deemed necessary viii Change in scope and/or rescheduling fees ix. Minimum fees or additional surcharges as necessary x. Reasonable attorneys' fees xi. Project resampling related to missed deliveries, etc. xii. Off cycle pricing increase dictated by the market xiii. Any request for re -analysis following release of the report if the results are within the variability of the method (or acceptable parameters) Return unused portions of samples found or suspected to be hazardous to Client, at Client's cost. Retain Client's unreleased data and/or cancel Client's web portal access pending payment in full. Increase prices on an annual basis to support market -driven cost -increases. 5. Multiple Dilutions: Lab will report a single value for each analyte based on the most appropriate analysis or dilution for that analyze. Based on general screening where appropriate, samples will be reported on a dilution -only basis due to concentrations of target analytes present. Lab may attempt a 10-Fold more concentrated analysis if practicable. Client may also request and pay for additional dilutions if practicable & Dry Weight Correction / Percent (%) Moisture Consistent with all applicable reporting methods, Lab will automatically analyze any solid sample (soil) for % moisture to allow for dry weight correction and charge accordingly. If "wet weight" reporting is requested by the client or the regulatory agency, Lab will maintain the charge for dry weight correction even if the results were not corrected for the applicable reporting cnteria. 7. Confidentiality: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or confidential information of each other and that they will not disclose such information except to those employees, subcontractors, or agents who have expressly agreed to maintain confidentiality 8. Governing Law: These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to the principles of conflicts of law thereof 9. Term: The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated in accordance with Section 10 below 10, Termination: a. Either party may terminate these Terms upon 30 days' prior written notice. b. Lab may immediately terminate for any breach by Client, including its failure to pay within 60 days of Lab's dated invoice. 11. Limitation of Liability: ace" 8 East Tower Circle Ormond Beach, FL 32174 Phone 386-672-5668 Fax: 386-673-4001 a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result, Lab's aggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services. b. This limitation shall not apply to any Client losses arising from Lab's negligence or willful misconduct, so long as Client: I. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and ii. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same. c. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitive damages. 12. Amendment/Change Order: Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless reduced to writing and signed by both Parties. 13, Storage of Data: Following final report issuance, Lab will retain back-up data and final test reports for ten (10) years it a format from which the data and/or test report can be reproduced. 14. Intellectual Prolaertv_: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while performing services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same. 15. Non -competition: Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services governed by these Terms. 16, Non -assignment: Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the other party, except that Lab may freely transfer the services to another Lab location or, with Client's permission, subcontract the services to a third -party. 17, Insurance: Lab carries insurance with the limits of coverage as indicated below and will, upon Ciient's request, submit certificates of insurance showing same. a. General Liability - $1,000,000 each occurrence, $2,000,000 general aggregate, b. Personal and Advertising Injury - $1,000,000; c Automobile Liability - $1,000,000 combined single limit d. Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence; e. Worker's Compensation Insurance - statutory limits; and f Professional Liability $5,000,000 aggregate, $5,000,000 per claim 18, Miscellaneous Provisions: a. In the absence of an executed agreement between the Parties, the SDA will constitute acceptance of these Terms by Client. b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and any amendments, notices, records, disclosures, or other documents of any type sent or received in accordance with these Terms. c. The Parties are at all times acting and performing as independent contractors; neither one shall ever be considered an agent, servant, employee, or partner of the other. d. These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns e. Lab's compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties. f If any Tenn herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms. IN WITNESS WHEREOF, Client and Lab have executed this Agreement through their duly authorized representatives as of the last date below: Pace Analytical By Name B yce Roselli Title Sales Development Representative Date. 03/14/2023 [Client \J.��� O_y�j�+ By: Name Title. Date: `May include reasonable attorney's fees Quote Prepared by: Bryce Roselli bryce.roselli@pacelabs.com PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, 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 Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0440, OR AT immilliams@teguesta. , OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/."