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Agreement_General_12/08/2016 (2)
VILLAGE OF TEQUESTA CONTRACT FOR WATER TREATMENT PLANT WATER TESTING SERVICES THIS CONTRACT FOR WATER TREATMENT PLANT WATER TE TING eeembw SERVICES, hereinafter "Agreement ", is entered into and effective this Y day of 2016, by and between the VILLAGE OF T E Q U E S T A, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta, Florida 33469 -0273, organized and existing in accordance with the laws of the State of Florida, hereinafter "the Village "; and TEST AMERICA LABORATORIES, INC., a foreign corporation with offices located at 4101 Shuffel Street, North Canton, Ohio 44720, and Florida offices located at 6712 Benjamin Road, Suite 100, Tampa, Florida 33634, hereinafter "the Contractor" and collectively with the Village, "the Parties ". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide water treatment plant water testing services for the Village on an as- needed basis. The Parties agree to enter into this Agreement and piggyback for the services at the prices described in the Contractor's January 20, 2015 contract for professional services with Alachua County (Contract #9487), awarded through Bid No. 15 -96. Said contract, comprised of Alachua County Contract # 9487 (Exhibit "A" hereto), is hereby fully incorporated into this Agreement. 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the prices provided in Exhibit 1: Method of Additional Compensation — Unit Cost Analytical Prices of the Contractor's Contract dated January 20, 2015 (in Exhibit "A "). The Village shall request services from the Contractor on an "as needed" basis throughout the term of the Alachua County Contract #9487 which currently runs through September 30, 2017, with the option to extend the contract for two (2) additional one (1) year renewals that extend no further than September 30, 2019. Prices shall remain firm for the duration of the Agreement. TERM CONTRACT FOR WATER TREATMENT PLANT WATER TESTING SERVICES The Village shall pay the Contractor upon Contractor's completion of, and the Village's acceptance of, the services required herein as specified in Exhibit A. 3. INDEMNIFICATION; INSURANCE: The Contractor shall at all times indemnify, defend and hold harmless the Village, its agents, servants, and employees, from and against any claim, demand or cause of action of whatsoever kind or nature arising out of any error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement, to the same extent that it has agreed to indemnify Alachua County pursuant to Exhibit A. The Contractor shall at all times carry insurance pursuant to the requirements of Alachua County Contract # 9487 (See Exhibit A). 4. PUBLIC ENTITIES CRIMES ACT: As provided in sections 287.132 and 287.133, Florida Statues, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six (36) months immediately preceding the date hereof. This notice is required by section 287.133(3)(a), Florida Statutes. 5. TERM; TERMINATION: Pursuant to the Alachua County Contract #9487, the original contract term expires on September 30, 2017 and may be further extended through September 30, 2019. In the event that the Alachua County Contract #9487 is extended beyond September 30, 2017, then the Parties may likewise extend this Agreement upon the same terms and conditions as the Alachua County Contract #9487 extensions. This Agreement may be terminated by the Village or the Contractor upon thirty (30) days written notice to the either the Village or Contractor. 6. NOTICE: Notice required by this Agreement shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: As to THE VILLAGE As to THE CONTRACTOR Village of Tequesta Test America Laboratories, Inc. 345 Tequesta Drive 2960 Foster Creighton Drive Tequesta, Florida 33469 Nashville, Tennessee 37204 Attn: Director of Utilities Attn: Shali Brown Page 2 of 5 TERM CONTRACT FOR WATER TREATMENT PLANT WATER TESTING SERVICES 7. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agrees that this Agreement is not a contract for employment and that no relationship of employee— employer or principal —agent is or shall be created hereby, nor shall hereafter exist by reason of the performance of the services herein provided. 8. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 9. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County, or the United States District Court in and for the Southern District of Florida should any dispute arise with regard to this Agreement. 10 AMENDMENTS & ASSIGNMENTS: This Agreement, all Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the services and provision of goods called for in this Agreement without prior written consent of the Village. 11. INSPECTOR GENERAL: 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. 12. PUBLIC RECORDS: PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, the 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, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected Page 3 of 5 TERM CONTRACT FOR WATER TREATMENT PLANT WATER TESTING SERVICES 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, the 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, the 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 1 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 THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768 -0685 OR AT 1mcwi11iamsna,teguesta.or2 OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 4 of 5 TERM CONTRACT FOR WATER TREATMENT PLANT WATER TESTING SERVICES IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. WITNESSES: TEST AMERICA LABORATORIES, INC. By: A✓ -a M. APe,&-/W a i Position: 1- ,*fh1-PXArZA( (Corporate Seal) /V7 SEA-. rl /z VILLAGE OF TEQUESTA ATTEST: Abi 41,n an, . ayor �1 6-1 i-rn ao QUQom- `,,,,,,,", al) V 0 ryyi Lori McWilliams, MMC 'Q•p R9T' .�` s Village Clerk 'v SE y E N,, •pP. Page 5 of 5 LVG A GREEMENT FOR PROFESSIONAL. SERVICES This Agreement is entered into this -0 day of nk(,. , 2t7 �S between Alachua County a charter county and political subdivision of Flori a, by and through its Board of County Commissioners, hereinafter referred to as "County" and TestAmerica Laboratories, Inc. doing business at 6712 Benjamin Road, Suite 100 Tampa, Florida 33634 hereinafter referred to as "Professional." WITNESSET11 Whereas, the County desires to employ the Professional to provide services for laboratory analytical services, and. Whereas, the Professional is qualified to provide these services; and NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto do mutually agree as follows: I . Term This Agreement is elTective on the date executed by both parties and continues until the 30th day of September, 2017 unless earlier terminated as provided herein. This Agreement may be amended at the option of the County for two (2) additional one (1) year terms at the terms and conditions contained in this Agreement, The County's performance and obligation to pay under this Agreement is contingent upon a specific annual appropriation by the Board of County Commissioners. The parties hereto understand that this Agreement is not a commitment of future appropriations. 2, Representations By executing this Agreement, the Professional makes the following express representations to the County: 2.1. The Professional is professionally qualified to act as the professional for the Project and is certified to conduct laboratory analytical services by all public entities having jurisdiction over the Professional and the Project; 2.2. 'rhe Professional shall maintain all necessary licenses, permits or other authorizations necessary to act as professional for the Project until the Professional's duties hereunderhave been fully satisfied; 2.3. The Professional has became familiar with the Project site and the local conditions under which the Project is to be designed, constructed, and operated; 2.4. The Professional shall prepare all deliverables required by this Agreement including, but not limited to, all contract plans and specifications, in such a manner that they shall be accurate, coordinated, and adequate for the purposes intended and shall be in conformity and comply with all applicable law, codes and regulations; Page 1 of 20 TestAmcrica Contract Lab Scrviccs 1-1 -201 "J (3) 2.5. The Professional represents that the deliverables prepared by the Professional are adequate and sufficient to accomplish the purposes of the project and meet the requirements of all applicable federal, state and local codes and regulations. 2.6. The Professional acknowledges that the County review of the deliverables in no way diminishes the Professionals representations pertaining to the deliverables. 3. D uties of the Professional The professional shall have and perform the following duties, obligations, and responsibilities to the County as outlined in Attachment "A." 4 Duties of the Coun - q , . The County shall have and perform the following duties, obligations, and responsibilities to the Professional as outlined in Attachment 1, `13." 5, Method of Payment For its assumption and perfon of the duties, obligations, and responsibilities set forth herein, the 'Professional shall be paid in accordance with this section, 5.1. The Professional shall be paid for those services required by this Agreement not to exceed. the sum of $40,000.00allocated in the following manner: based on units costs set forth in Attachment A. 5.1 Rio additional reimbursable expense will be paid under this Agreement. 5,2. If the Professional's duties, obligations, and responsibilities are materially changed through no fault of the Professional aver execution of this Agreement, additional compensation shall be aid an amount mutually agreeable to the T P p Y g p art i es. 53. Asa condition precedent for any payment, the Professional shall submit with the data transmittal, an invoice to the County requesting payment for services properly rendered for sample collection and laboratory analysis of r samples, The unit costs detailed in Exhibit 1 Y P c� the written price quote for additional laboratory analytical services submitted by the contractor and approved by the County shall serve as the basis for payment.. Each invoice shall constitute the Professional representation to the County that the services indicated in the invoice have reached the level stated, have served a public purpose, have been properly and timely performed as required herein, that the expenses included in the invoice have been reasonably incurred in accordance with this Agreement and serve a public purpose, that all obligations of the Professional covered by prior invoices have been paid in full, and that the amount requested is currently due and owing, there being no reason known to the Professional that payment of any portion thereof should be withheld. Submission of the Professional's invoice for final payment shall further constitute the Professional's representation to the County that, upon receipt by the Professional of the amount invoiced, all obligations ofthe Professional to others, including its consultants, incurred in connection with the Project, will be paid in full. The Professional shall submit invoices to the County at the following address: Dept: Alachua County Environmental Protection Address 408 W. University Ave., Suite 106 Page 2 of 20 TasMme'rica Contracl Lab Services 1- 13- 2015 (3) Gainesville, Florida, 32601 5.4. In the event that the County becomes credibly informed that any representation's ofthe Professional relating to payment are wholly or partially inaccurate, the County may withhold payment of &urns then or in the future otherwise due to the Professional until the inaccuracy, and the cause thereof, is corrected to the County's reason€ible satisfaction. 5 ,5. `rile County stall male payment to the Professional, of all sums properly invoiced under the provisions of this paragraph, in accordance with the provisions of Chapter 218, Part VII (Local Government Prompt Payment Act), Florida Statutes. Payments shall be made to the fallowing address: TestAmerica Laboratories, Inc. PG Box 204290 Dallas, TX 75320 -4290 6. Personnel, , 6.1. The Professional w' i11 assign only qualified personnel to perform any service concerning this Agreement, At the time of execution of this Agreement, the parties an the following parties will perform those functions indicated, NAME FUNCTION Nancy Robertson Project Manager Jess Hornsby Alternate Project Manager 6.2. So long as the individuals named above remain actively employed or able to be retained by the Professional, they shall perform the functions indicated next to their names. The Department Director manager) may authorize changes to this list in writing. 7. Notice Except as otherwise provided in this Agreement, any notice of termination or default from either party to the other party must be in writing and sent by certified mail, return receipt requested or by personal delivery with a. signed proof of delivery. For purposes of notice, Professional's and County representative are: County: Chris Bird, Director Environmental Protection Department 408 W. University Avc., Suite 106 Gainesville, FL 32601 Professional: TestArmerica Laboratories, Inc. Page 3 of 24 ` cstArneriea Contract Lab Smices 1 -13 -2015 (3) 6712 Benjamin Road, Suite 100 Tampa, Florida 33634 ATTN: Nancy Robertson Notices to `l`estAmerica should be addressed with copy to: "restAmerica Laboratories, Inc. 4101 Shuffel Street NW North Canton, OH 44720 Attention: Jenny Stewart, Corporate Counsel Phone: (203) 202 -8805, Fax: (303) 467 -7217 Email, ienny.smwarnatestamericainc.eom A ropy of any notice, request or approval to the County must also be sent to: J. K. Irby Clerk of the Court 12 SE 1 st Street Gainesville, FL 32602 A TTN: Finance and Accounting And to Office of Management and Budget - Purchasing 12 SE 1 ` Street. 3 rd Floor Gainesville, Florida 32601 Attn: Contracts 8. Default and Termination. 8.1. The failure of the Professional to comply with any provision of this Agreement will place the Professional in default. Prior to terminating the Agreement, the County will notify the Professional in writing. This notification will make specific reference to the provision which gave rise to the default. The County will give the Professional seven (7) days to cure the default. The Department .Director is authorized to provide written notice of default on behalf of the County, and if the default situation is not corrected within the allotted time the County Manager is authorized to provide final termination notice on behalf of the County to the Professional, 8.2. The County may also terminate the Agreement without cause by providing written notice to the Professional. The County Manager is authorized to provide written notice of termination on behalf of the County. Upon such notice, Professional will immediately discontinue all services affected (unless the notice directs otherwise); and., deliver to the County all data, drawings, specifications, reports, estimates, summaries and such other -. information and materials as may have been accumulated by the Professional in performing Page 4 of 20 TeslAmcrica Contmet Lab Suvices E -13 -2015 (3) this Agreement, whether completed or in process. In the event of such termination for convenience, Professional recovery against County shall be limited to that portion of the Agreement amount earned through the date of termination, but Professional shall not be entitled to any other or further recovery against County, including, but not limited to, damages, consequential or special damages, or any anticipated Fees or profit on portions of the work not performed, 83. If funds to finance this Agreement become unavailable, the County may terminate the Agreement with no less than twenty -four hours notice in writing to the Professional. The County will be the final authority as to the availability of funds. The County will pay the Professional for all work completed prior to any notice of termination, 9. Project Records. 9.1. Any document submitted to the County may be a public record and is open for inspection or copying by any person or entity. "Public records" are defined as all documents, papers, iettcrs, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Section 119,011(1 1), Florida Statutes. Any document is subject to inspection and copying unless exempted under Chapter 119, Florida Statutes. 9.2. For a period of five (5) years, or fifteen (15) years if related to a capital improvement project, after the completion of all work to be performed, or as required by Chapter 119, Florida Statutes (Public Records Act) and schedules published by the Florida Bureau of Archives and Records Management, or federal requirements, whichever period is greater, the Professional shall keep and make available to the County for inspection and copying, upon written request by the County, all records in Professional - 's possession relating to this Agreement. Additionally, the Professional shall make said records available, upon written request by the County, to any state, federal, or other regulatory authority, and any such authority may review, inspect and copy said records unless exempted under Chapter 11. 9, Florida Statutes. 9.3. During the term of this Agreement or license, Professional may claim that some or all of Professional's information, including, but not limited to, software, documentation, manuals, written methodologies and processes, pricing, discounts, or other considerations (hereafter collectively referred to as" Confidential Information "), is, orhas been treated as, confidential and proprietary by Professional in accordance with Section 812.481, Florida Statutes, or other law, and is exempt from disclosure under the Public Records Act. Professional shall clearly identify and mark Confideritial Information as "Confidential Information" or "Cl" and the County shall use its hest efforts to maintain the confidentiality of the information properly identified by the Professional as "Confidential Information" or c&CF1 9.4. The County shall promptly notify the Professional in writing offany request received by the County for disclosure ofProfessional's Confidential Information and the Professional may assert any exemption from disclosure available under applicable law or seek a protective order against disclosure from a court of competent jurisdiction. Professional Page 5 of 20 '1'eSGAmerica Contract Lab Services 1 -13- „0 15 (3 i shall protect, defend, indemnify, and hold the County, its officers, employees and agents free and harmless from and against any claims or judgments arising out of a request for disclosure of Confidential Information., Professional shall investigate, handle, respond to, and defend, using counsel chosen by the County, at Professional's sole cost and expense, any such claim, even if any such claim is groundless, false, or fraudulent. Professional shall pay for all costs and expenses related to such claim, including, but not limited to, payment of attorney fees, court costs, and expert witness fees and expenses. Upon completion of this Agreement or license, the provisions of this paragraph shall continue to survive, Professional releases County from claims or damages related to disclosure by County. 9.5. if Professional refuses to perform its duties under this section within 14 calendar days of notification by County that a demand has been made to disclose Professional's CI, then. Professional waives its claim that any of its information is C1, and releases County from claims or damages related to the subsequent disclosure by County. 10. Ownership of Deliverables All project and documents are the sole property of the County and may be used by the County for any purpose. 11. 1nsurance . The Professional will procure and maintain insurance throughoutthe entire: term of this Agreement of the types and in the minimum amounts detailed in Attachment "C." A. Certificate of Insurance showing current coverage in the amounts and of the typos required is attached hereto as Exhibit `T' 12. Permits. The Professional will obtain and pay for all necessary permits, permit application fees, licenses or any fees required. 13. .Laaws & Regulations The Professional will comply with all laws, ordinances, regulations, and building code requirements applicable to the work required by this Agreement. The Professional is presumed to be familiar with all state and local laws, ordinances, code rules and regulations that may in any way affect the work outlined in this Agreement. if the Professional is not familiar with state and local laws, ordinances, code rules and regulations, the Professional remains liable for any violation and all subsequent damages or tines. 14. Indemnification 14.1. The Professional agrees to protect, defend, indemnify, and hold (lie County and director and their officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or directly or indirectly relating to any and all claims, liens, demands, obligations, actions, proceedings orcauses of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and /or the performance hereof. Without limiting the generality of the foregoing, any and all such claims, etc., including but not limited to personal injury, death, damage to property (including destruction) defects in materials or workmanship, actual or alleged infringement of any patent, trademark, copyright (or application for any thereof) or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule, or regulation or Page 6 of 20 TcstAmcrica C:oniract Lab ScrAccs 1 -13 -2415 (3; decree of any court, shall be included in the indemnity hereunder. The Professional further agrees to investigate, handle, respond to, provide defense (including payment of attorney fees, court costs, and expert witness fees and expenses up to and including any appear for and defend any such claim at its sale cost and expense through counsel chosen by the County and agrees to bear all other costs and expenses related thereto, even iftheir(claims, etc.) are groundless, false, or fraudulent. Professional agrees that indemnification of the County shall extend to any and all work performed by the Prrofessional, its sub- Professionals emp loyees, a ents servants or assigns. This oblig ation shall i Professionals a gents , � g rt no way be limited in any nature whatsoever by any linaitation.on the amount or type. of Professional's insurance coverage. This indemnification provision shall survive the termination of the Agreement between the County and the Professional. 14.2. Nothing :contained herein shall constitute a waiver by the County of sovereign immunity or the provisions or limitation. of liability of §768.28, Florida Statutes, 15. Standard of Care. The services of the Professional shall be performed with the skill and care which would be exercised by a qualified professional analytical laboratory perforating similar services at the time and place such services are performed. If the failure to meet these standards results in deficiencies in the substandard architectural or engineering design, the Professional shall furnish. at his own cost and expense, the redesign necessary to correct such deficiencies, and shall be responsible for any and all consequential damages arising from those deficiencies. 1 s sh C. A. s;<,.nment of Interest Neither party will assign or transfer any interest in this Agreement without prior written consent of the other party. 17 Successors and Assigns The County and Professional each bind the other and theirrespective successors an assigns in all respects to all o fthe terms, conditions, covenants, and provisions of this Agreement. 18. Independent Contractor In the performance of this Agreement, the Professional is acting in the capacity of an Independent Agent or Consultant and not as an agent, employee, partner, .joint venturer, or associate of the County. The Professional is solely responsible for the means, method, technique, sequence, and procedure utilized by the Professional in the full performance of the Agreement. 19. Collusion By signing this Agreement, the Professional declares that this Agreement is made without any previous understanding, Agreement, or connections with any persons, professionals or corporations and that this Agreement is fair, and made in good faith without any outside control, collusion, or fraud, 20. C e nflict of Interest The Professional warrants that neither it nor any of its employees have any financial or personal interest that conflicts with the execution of this Agreement. The Professional shall notify the County of any conflict. of interest due to any other clients, contracts, or property interests. 21. Prohibition Against Cuntirtfent Fees As required by , §287.055(6), Florida Statutds, the Page 7 of 20 TerlAm4rica Contract Lab Services 1 -13 -2-91 S (3) Professional warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely forthe Professional to solicitor secure this Agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Professional any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 22. Third Party Beneficiaries This Agreement does not create any relationship with, or any rights in favor of, any third party. 23. Severability If any provision of this Agreement is declared void by a court of law, all other provisions will remain in full force and effect 24. Non Waiver The failure of any party to exercise any right in this Agreement shall not be considered a waiver of such right. 25. Governer Law and Venue This Agreement is governed in accordance with the laws of the State of Florida. Venue shall be in Alachua County, 26. Attachments All exhibits attached to this Agreement are incorporated into and made part of this Agreement by reference. 27. Amendments The parties may amend this Agreement only by mutual written agreement of the parties. 28. Cautions and Section I eadin s . Captions and section headings used herein are for convenience only and shall not be used in construing this Agreement. 29. Counterparts This Agreement may be executed in any number of and by the different patties hereto on separate counterparts, each of which when so executed shall be deen7ed to be an original, and such counterparts shall together constitute but one and the same instrument. 34. Construction This Agreement shall not be construed more strictly against on.e party than against the other merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that both parties have substantially contributed to the preparation ofthis Agreement. 31. Entire Agreement This Agreement constitutes the entire Agreement and supersedes all prior written or oral agreements, understandings, or representations. REMAINDER OF THE PAGE LEFT IN'T'ENTIONALLY BLANK Page 8 of 20 TCst.An:Crica Contra *ct.Lab Services 1 -13 -2015 (3) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for the - uses and purposes therein expressed on the day and year first above-written, ALACHUA COUNTY, FLORIDA By: Dr. Lee A. Niblock CM County Manager APPROVED TO FORM V 1 it ess to County Manager y Alachua County Atte ' ;/C S Office PROFESSIONAL A'TTFST iret 7 ate Officer) B Print: V 6 Print: 774D .. . ........ Title: Page 9 of 20 TestAmerica Contract Lib Service 1 -13 -2015 (3) ATTACHMENT A; Scope Of Services The majority of the services performed by the Professional will involve analyses of environmental samples collected by the Alachua County Environmental Protection Department (ACEPD), including: (I) samples of wastewater (reclaimed water) from. sewage treatment plants, (2) ambient surface water samples, (3) groundwater, and (4) special projects analyses. These four requirements are part of an ongoing monitoring, program. All environmental monitoring projects are conducted on an as needed basis or as monetary fiends are available for this program. The Professional shall perform laboratory services for monitoring of wastewater treatment plant. effluent, influent, groundwater, ambient surface waters, and illicit discharges and other NPDES related project samples. Services will include, but not be limited to, furnishing sample containers, labels, preservatives, coolers, and chain -of- custody forms; performing analyses on wastewater effluent, influent, groundwater, surface water, and NPDES samples; submitting analytical results with method QAQC data to ACEPD, and conducting all work in accordance with the Professional's Florida DOH laboratory certification and/or NELAP compliant Quality Assurance Program. All laboratory analyses for nitrogen species must be analyzed by the primary contracting laboratory, unless prior approval is liven by ACEPD to subcontract these services. Total nitrogen must be calculated using nitrogen data analyzed by one laboratory (i.e. - TKN from a sub - contracted laboratory cannot be added to NOx values from another laboratory to calculate - rN). The reporting limit for un- ionized ammonia must be <0.02 mg /L. All laboratory analyses for a given project must be performed by the same laboratory. 'W'here multiple laboratory locations or subcontract laboratories are used they must remain the same throughout the project, unless prior approval is given by ACEPD. All reporting limits must meet or be less than State Water Quality Standards set forth in Florida Administrative Code (F;kC) chapters 62 -302, 62 -303, 62 -550, 62 -777, and other applicable state rules and guidelines. The laboratory shall follow and report the minimum quality control requirements specified by each method. Any QAQC issues or exceedances of the following limitations should be explained in the cower letter with the submitted results. If no quality control requirements are listed in the method, DE.P requirements and guidelines shall be followed. All microbiological analyses for fecal coliforin and Escherichia soli must be conducted using membrane filter methodologies. Submittal of preliminary fecal coliform and E. coli results are required within 2 business days of receipt of the samples. Preliminary fecal coliform and E. coli bacteria results shall include laboratory bench sheets orrun logs detailing the dilution factors, times (filtration and incubation), colony counts, data qualifiers, and analyst comments. The Professional shall prepare analytical results in a PDF and in an Excel file format and electronically submit to the ACEPD Project Manager or designee. The Professional must submit separate data for each facility or site for wastewater treatment plant monitoring. Submittals must ATTACHMENT A: Page 10 of 20 TestAmcrica Contract Lab Senders I -13 -2015 (3) include all of the information required in the agreed upon Excel format. The reporting format is subject to change at ACE PD's discretion. Results for a given sampling event must be transmitted to the AC:EPD within two weeks of receipt of the samples, unless an alternative schedule is agreed upon by ACEPD and the Professional. Alachua County owned Hach 2100 -P Turbidimeters and Hach Packet Colorimeter II chlorine meters will be calibrated as needed on a quarterly basis. These meters will be brought (or shipped) to the Professional to be calibrated following the requirements of DEP- SOP - 001/01, 311/'201.4. Although sample collection will normally be performed by the ACE.PI], in the event the ACEPD is unable to conduct sampling, the Professional may be required to provide all or part of this service. This may include collection of wastewater effluent, influent, groundwater, and surface water, and detennining field parameters such as pH and total residual chlorine (for wastewater effluent) and pH, water temperature, dissolved oxygen, turbidity and specific conductance (for groundwater and surface water), Sample collection and handling will be conducted in accordance with state and federal requirements including, DEP -SOP- 001101, 3 }112014, and 40 CFR Part 136.3. All project shipping costs shall be the responsibility of the Professional. This includes shipping empty containers to ACEPQ and the return sample shipment to the laboratory for analyses. The proposed method(s) (e.g, courier, bus, overnight service, etc.) for shipment of empty sample containers and return sample shipment shall be provided. Work consisting ofperforming laboratory services for special projects is highly variable. Projects may include, but are not limited ter, laboratory services associated with petroleum contamination, landfill monitoring, site evaluations, routine compliance monitoring, and contamination assessment. Sample matrices for projects may include, but are not limited to, air, soil, sediment, water, sludge, and biota. Although sample collection will normally be performed by ACE PD, we reserve the option of requesting the Professional to perform the sample collection if and when required. ATTACHMENT A: Page I I of 20 TegAincrica Contract Lab Scrvicus 1-13 -201 5 (3) ATTACHMENT B: Dutics Of The w County ACEPD will be conducting monitoring of wastewater treatment plant effluent (or influent), ambient surface waters, and ambient groundwater. There are currently 15 wastewater treatment plants in Alachua County. Thirteen of the 15 plants will be inspected and effluent samples will be obtained quarterly over a two -day period. Two plants are inspected and maybe monitored annually. There are currently 13 surface water sampling stations in the Grange Creek Basin and seven (7) stations in the Santa Fe River Basin portion of Alachua County which are sampled quarterly over a four -day period. There may also be two lake sites that are monitored semi - annually over a one -day period. Additionally, 18 other surface water sites are sampled for feral coli form and Eixoh bacteria on one day each quarter as part of Hot Spots monitoring. There are approximately 23 groundwater wells sampled by Alachua County, most of the wells are located in the Santa. Pe River Basin portion of Alachua County. Wells are now sampled semi - annually. Samples are typically obtained over a one week period. Sampling will also be conducted as part of the NPDES program, targeting flowing outfall to surface waters. Inventorying and sampling of these Sites is weather dependent and specific locations or numbers of samples are not available. ACEPD has two Hach 2100 -P Turbidimeters and one Hach Packet Colorimeter 11 chlorine meter. All meters will be brought (or shipped) to the laboratory quarterly to be calibrated following the requirements ofDEP- SDP - 001101, 31 112014. Sampling frequency and the number of sites are subject to change at ACEPD's discretion. Special projects may include, but are not limited to, laboratory services associated with petroleum contamination, landfill monitoring, site evaluations, Phase 1 &11 evaluations, routine compliance monitoring, stormwater, illicit discharges to the stormwater system, and contamination assessment Sample matrices for special projects may include, but are not limited to, air, soil, sediment, water, sludge, and biota. ATTA+CHMEN- T 13: Page 12 of 20 Testnnlerica € antract Lab Scrvices 1-13 -201; (3) EXHIBIT 1: Method cif Additional Compe nsation - Unit Cost Analytical Prices Exhibit A - 1A , ACEPD Analytical Price Sheet for Water Matrix Mater Group Analyte - - Alternative E Alternative Unit Price M ethod . Unit Price Ammonia Nitrogen EPA 350.1 $10.00 Sale 5 Day I SM 5 2148 $18 CBOD. 5 Da SM 52108 $18.00 Chloride Ei?A 325.2 300 $9,00 Chi ora h, ll-a '(corrected) SRN 10200H $50.00 Chlorophyll - . uncorrected SM 10200H $50.00 . Chlora h ll - -b-c ' SM 10200H l $50.00 Chlora h II -b SM 10200H $50.00 Chlorophyll SM 10200H. $50.00 C EPA 410,4 $12.0 Color - EPA 110.2 ...... $,9.00 Corrosivity (Langelier E $24.00 Index. SM 2330 _ Cyanide EPA 335.2 335.4 $24.00 Fluoride EPA 340.2 300 $9.00 i Hardnes SM2340S $9.00 Nitrate _�� a 'EP 353,2 $5.04 300 $6.00 EPA Nitrite 354.11300,0 X6'00 w Nitrate plus Nitrite EPA 353 -2 $6.00 300 $6,00 m Odor SM 2150 $13.00 Oil and Grease EPA 413.1 1664A $3 5.00 EPA 1 $34.00 Org Nitrogen 351.21350,1 Soluble Reactive _ _ $15.00 Phosphate EPA 365.2 4500 P E Ortho �H .... _ EPA 150.1 $8.00 SM45.00 H+ $8.00 Pheo h in -a SM 10200H $50.00 Silica, dissolved EPA 370.1 $12.00 240.7 $12.40 Specific conductance $$.00 Lab EPA 120,1 Sulfate EPA 375.4 300 $9.00 Sulfide EPA 376.1 9034 $16.00 Total Alkalinit EPA 31 d.1 ! $8.00 23208 $8.00 Total Dissolved filterable Solids TDS EPA 160.1, $8.00 254oc $8.00 Total Kjeldahl Nitrogen $21.00 TKN EPA 351.2. EXHIBIT 1» Page 13 of 20 TestAmerica Comma - Lob Service,%,1 -13 -:015 f,3 y Total Nitrogen Calculation $0.00 I i Total Organic Carbon _ $21.00. $21.00 TOC EPA 415,1 9060A Total Phosphorus horus EPA, 365.2 365.4 $21.00 Total Suspended Solids SS) EPA 160.2 $8.00 25 $8.00 Total Volatile Solids $12,00 $12.00 EPA 160.4 2540E Turbidity EPA 180.0 $8.00 Bacteria Species $105.00 �., Identification SM 9250/9260 o Fecal Streptococcus 6 and/or Enterococcus $25.00 v group membrane filter EPA 1600 ................. u Fecal Coliform $25.{70 membrane filter SM 9222D E. ccli membrane filter). EPA 1603 $75.00 EPA 200,71 $5.75 Aluminum 202.2 Antimony EPA 200.2 $5.75 Arsenic EPA 200.7 $5.75 i Barium EPA 200.7 $5.75 Beryllium EPA 200.7 $5.75 Boron EPA 200.7 $5,75 l .__.._..._..�,......._._ -... EPA 213.21 $5.75 Cadmium 200.7 Calcium EPA 200.7 $5.75 Chromium +6 EPA 195 3500 Cr B _ _$60.00 EPA 200.7 f $5.75 1 Chromium total 220.2 Cobalt EPA 200.7 $5.75 2 EPA 239.2 1 $5,75 B Copper 200.7 IC P Scan EPA 200.7 $9.0.00 Ir on EPA 200.7 $5.75 Lead EPA 200.7 $5.75 Magnesium EPA 200.7 $5.75 Manganese EPA 200.7 $5.75 EPA 245.1 or € $21.00 Mercury 747017471 . .......... EPA 249.2 $5.75 Molybdenum 200.7 EPA 258.1 f _._ $5.75 Nickel EPA 200.7 Potassium EPA 270,2 200.8 $10.00 RCRA Metals 8 EPA 7000 6101 OC17470A $66.00 Selenium EPA 270.2 , 200.6 $10.00 Silver EPA 272.2 200.8 $10.00 EXHIBIT 1. Page 14 of 20 TesLAmcrica Contract Lab Services 1 -13 -2085 (3) Sodium EPA 200.7 $5.75 Strontium EPA 200.7 $5.75 _ EPA 279.21 Thallium 200.7 _ ! Tin EPA 282.2 200,0 $10.00 Titanium EPA 200,7 $5.76 Vanadium EPA 200.7 $5.75 Zinc EPA 20 $5.75 Chlorinated - _._..' EPA 8081 1 $90.00 a- PesticideslF GBs 8082 Dioxins and Furans (full $675.00 list : EPA 1613E Dioxins and Furans $275.00 TCDD /TCDF only) EPA 16138 l ED8 EPA 504.1 $38.00 Herbic 8151 $110.00 Priority Pollutant Semi - volatile Organic EPA 625 or $140.00 i Com ounds SVtOCs . 8270 Identification of Non- " priority Pollutant a: Organics with GCiMS > EPA 525 or $45.00 f � 10 PPB 8270 {nitrogen Phosphorus $90.00 Pesticides EPA 8141 Polynuclear Aromatic $75.00 Hyd rocar b on s PAHs EPA 8270 ority Pollutant Volatile s Organic Compounds EPA 624 or t $68.00 VOCs 8260 Total Recoverable Petroleum Hydrocarbons $55.00 TRPH FL -PRO VOCs, with Acetone and $68.00 Methyl ethyl ketone EPA 8260 Hach 2100 -P Portable $25'001 Not Turbidimeter Not Applicable instrument Not Applicable Applicable r 2 $25.001 J Not a Hach Pocket Colorimeter E 11 Chlorine Meter Not Applicable instrument Not A licable Applicable Hourly field sampling Not U rate for a crew of two $110.001hour Applicable p ersons Not A licable .� Not Applic E 1: Page 15 of 20 TotAincrica Ct =nvAct I -* Services 1 -i3 -2015 (3) Exhibit A -'IB: ACEPD Analytical Price Sheet for Sed Matrix Sediment/Soil Group ' Analyte Unit Alternative Alternative Method Price Method Price Grain Size ASTM 10 -422 $100.00 _ N Bulk Densit . � D5057 $50.00 2% Oil and Grease FL- PRO $55,00 Q Percent Solids (Moisture Content ) EPA 160,3 $8.00 EPAICE 3 -201, - d Total Nitrogen 183 Total Phosphorus EPNCE 3 13 365.4 $21.00 Total Organic Carbon Walkley Black $50.00 Aluminum EPA 7020 /6010 $5.75 Antimony _ EPA 7041 _ EPA 6010 $5.75 Arsenic EPA 7060 EPA 6010 $5.75 Barium _~ EPA.708116010 $5.75 Beryllium EPA 7091 / 6010 $5 -75 Boron EPA 6010 �$5.75 Cad EPA 7131 16010 $5.75 t Calcium EPA 6010 $5.75 Chromium +6 EPA 7186 $60.00 Chromium total EPA 6010 _.r $5.75 Cobalt EPA 7201 6010 $5.75 Copper EPA 6010 $5.75 1CP Scan ' EPA 6010 $90.00 Iron EPA W0 $5.75 a Lead EPA 6010 $5.75 Ma�nesium EPA 6010 $5.75 2 Manganese EPA 6010 $5.75 _.. Mercury EPA 7471 $21.60 _Moly EPA 6010 $5.75 Nickel EPA 249.2 / 7520 6010 $6.75 Potassium EPA 7610 6010 1 $5.75 RCRA Metals (8) by lCP or GFAA or CVAA EPA 6010/ 7000 566,00 Selenium EPA 7140 6010 $5,75 EPA 7760 / 7760 Silver A 6010 $5.75 Sodium EPA 6010 $5.75 Strontium EPA 6010 $5.75 Thallium EPA 7841 601ta $5.75 EPA Tin I 78701EPA282.2 6010 $5.75 Titan EPA 6010 $5.75 EXHIBIT 1: Page 16 of 20 Tes-1Amefica Contras[ Lib Services 1 -13 -2413 (3) Vanadiun. EPA 6010 $5.75 Zin EPA 6010 $5.75 Chlorinated Pest i cides /PCBs.. EPA 8081 18082 Dioxins and Furans full list EPA 1613B $675.00 Dioxins and Furans i ` TCDOITCDF only) EPA 1613E $275.170 Herbicides EPA 8151 $110.00 _ Priority Pollutant Semi I volatile Organic Com0bunds (SVOCs EPA 625 or 82 70 $140.00 Identification of Non- priority , E v Pollutant Organics with GCIMS 7 10 PPB EPA: 625 or 8270 $45.00 Nitrogen Ph 0 Pesticides EPA 8141 $90.00 Polynuclear Aromatic Hy drocarbons PAHs EPA 8270 $75.00 Priority Pollutant Volatile Organic Compounds 2129, � _ EPA 624 or 6264 $68.010 T - otall Recoverable Petroleum Hydrocarbons TRPH FL - PRO $55.40 ` VOCs, with Acetone and Methyllethyl ketone EPA 8260 I $68.+00 EXHIBIT 1. Page 17 of 20 Test n u ivu Conim , Lab Services 1 -13- 201.5 (3) ATTACHMENT C: Insurance Requirements TYPE "A" INSURANCE REQUIREMENTS "Professional or Consulting Services" Professional or Consultant shall procure and maintain for the duration of the ,Agreement insurance against clairns for injuries to persons or da>!nages to property which may arise from or in connection with the performance of the work hereunder by the Professional or Consultant, his agents, representatives, employees or subcontractors or sub- consultants. 1. COMMERCIA1, GENERAL LIABILITY. Coverage must be afforded under a per occurrence form policy for limits not less than $1,000,000 General Aggregate, $ 1,000,0000 Products 1 Completed Operations Aggregate, $1,000,000 Personal and Advertising Injury Liability, $1,000,000 each Occurrence, $50,000 `ire Damage Liability and $5,000 Medical Expense. 11, AUTOMOBILE LIABILITY. Coverage must be afforded including coverage for all Owned vehicles, Hired and Non -Owned vehicles for Bodily Injury and Property Damage of not less than $ 1,000,000 combined single limit: each accident. III, WORKEIIS COMPENSATION AND EMPLOYE R'S LIABILITY A Coverage to apply for all employees at STATUTORY Limits in compliance with applicable state and federal laws; if any operations are to be undertaken on or about navigable waters, coverage must be included for the LISA Longshoremen & Harbor Workers Act, B Employer's Liability limits for not less then $100,000 each accident; $500,000 disease policy limit and 5100,000 disease each employee must be included. IV, PROFESSIONAL LIABILITY or ERRORS AND OMISSIONS LIABILITY (E&O) Professional (C&.0) Liability must be afforded for not less than $1,000,000 each claim, $1,000,004 policy aggregate V. OTHER INSURANCE PROVISIONS A The policies are to contain, or be endorsed to contain, the-following provisions: ATTACHMENT C: Page 18 of 20 Ti estAmcricn Contract Lab Services l - 13-2015 (3) A Commercial General Liability and Automobile Liability Coverages 1 The Alachua County Board of County Commissioners, its officials, employees and volunteers are to be covered as an Additional Insured as respects: Liability arising out of activities performed by or on behalf of the Professional or Consultant; products and completed operations of the Professional or Consultant; or automobiles owned, leased, hired or borrowed by the Professional or Consultant. 2 The Professional or Consultant's insurance coverage shall 'be considered primary insurance as respects the County, its officials, employees and volunteers. Any insurance or self - insurance maintained by the County, its officials, employees or volunteers shall be excess of Professional or Consultant's insurance and shall be non. - contributory. C Workers' Compensation and Employers' Liability Coverages 1 The insurer shall agree to waive all rights of subrogation against the County, for losses arising from work performed by the Professional or Consultant for the County D All Coverages 1 The Professional or Consultant shall provide a Certificate of insurance to the County with a Thirty (30) day notice. of cancellation. The certificate shall indicate if cover is provided ender a "claims made" or "per occurrence" form. If any cover is provided under a "claims made" form the certificate will show a retroactive date, which should be the same date of the Agreement: (original if contact is renewed) or prior, Vl. SUBPIROFESSIONAL OR CONSULTANT'S Professional or Consultants shall include all subcontractors as insured under its policies. All contractors shall be subject to the requirements stated herein. CERTIFICATE HOLDER: Alachua County Board of County Commissioners MAIL, ENTAIL or FAX CERTIFICATES TO: Risk Management PO Box 5697 Gainesville, FL 32627 -5697 dr onLj4glachuacountv. Phone: 352 - 374 -5297 Fax: 352-381-0168 Attn: Darlene Ryon ATTACHMENT C: Page 19 of 20 Tcsl.Aniericfi.Coorpct 1,nh Services 1-13-2015 (3) EXHIBIT 2 — Certificate of Insurance ATTACHMENT C; Page 20 of 20 TestArnerica Contract Lab Services 1 -13 -2015 (3) CERTIFICATE OF LIABILITY INSURANCE t?ATE THIS CERTIFICATE= IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CE=RTIFICATE HOLDER, THIS CERTIFICATE DOES 'NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED IBY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT SETWEEN THE tSSLANG INSURER(S), AUTH4RlZEp REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: it the certificate holder is un ADDITIONAL iNSURED, the policy(iosM must be endoraW. If SUBROGATION IS WAEVE0, B NAct to L the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the o certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk Services, Inc of Florida NAME: 90 PHGKE { ZH3 -7 3.x2 FAX 1001 arickell say Drive I A+C - No_C Nc,Ir 8 00- 3 G3 -6f D5 `m sui 1100 — - — Miami FL 33131 USA DDRESS: 0 INSURERtSI AFFORDING COVERAGE NM # INSURED INUURER/L• Travelers Property Cas Cc of America 25674 Testamerica Laboratories, Inc WAURERB: Starr Surplus Lines.Insu c 41.01 Shuffel Street Nei++nY :3'004 North CantDn OH 44720 USA INSURER GI INSURER p; iNSURFR E: IhlrNRER F: COVERAGES CERTIFICATE NUMBER: 5704508013436 RE1fISION T1U6tBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW DAVE BEEN ISSUED TO THE I NSU RED NAMED ABOVE FOR THE POLICY PERIOp INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 07HER DOCUMENT WiTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INSR EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LiMiTS SHOWN MAY HAVE BEEN REDUCED BY MAID CtAIh1S. Llmlts shown are as ra uasted LTIR TYPE OF INSURANCE INSO WVP I POLICY NUMBER - - - -- - MAUOb74W O Lr11rTS B X COMIAERCUV.GENERALLNBILI7Y SLSLEZL EACHOCCLgRENCE 51,004,U4O CLAWS-MADE l ]( OCCUR PRWBES IEA oq�Nrierxe 1300,QpQl LIED ExP'om cne Parson) $14,000 PEPISONAL6AITlINJURY $�., ©64,pOD p GEN'LAGGREGATEp O APPLIES PER: GENF_RAL,AG�G}ZEtyATE S2,0Q0,0D0 I p POLICY JEC7 3 ' - r LAC PRODUCTS - COMFJOP AGG 52.000,000 O DTHER: wjm abw s5o,o v A AUTOMOgLteLIMILm P B10 770023 TIL 14 04/61/2914 64 101 /2015'CMINEOSINGLELIH+T a N tM bn o ;1,000,000 X ANY AUTO EONLY INJURY I Per persmnj O ALL OWNED BcHEOULEO AUTOS AUTOS BODILY INJURY Twaccldsnl) HIRED AUTOS NON -OWNED PROPERTY Y DNMGE 10 AFJTG6 4p aoadenl i D X *2,0I*C*V D.,d )I 52.500 CDR Oed - C B rry UMERELLAUAB X OCCUR 5L5Lx730ZZ 14 13401/Z014 04/01/2015 EACH OCCURRENCE 54,000,0 V EXCESS LM a;3IMSrA AGORECATE $4,000,000 k X 0 DED I IRETMTION - A V(OROIERS COMPENSATION AND 04/01/2014 D4/0 1/2M EMPLOYERS LIABILITY Y X 8T UTE AL RI ETDR7PNiTa�1[R1F,XcCU'IYE N F1 EACHACCIMNT 51. 0013.000 OffICEWME6,aER EXCLItDf,OT NIA Iit¢ndarorydrhT{j 7 r E.L.DISEASFFAEMPLOYEE $1,000,004 ; desndho unde OEb- PT10 OFOPMMTIONS below E,LDIr3EASE-POIJCVLIMIT $1,aoD,000 B Env Prof (E&0) SLSLEIL72030414 04/01/24 4 04/0112015 Each. Claim $1,000,00 Prof & Poll- Claims i+Iade 'Total Claims 52,0001000 DESCRIPTION OF OPERATIONS r LOCATIONS) VEHICLES IA,CORD lei. AA Remarks aclnoeWIe, meT be m ashed k more spaca rs re ;I - RE: Contract No. 9487, Encumbrance ND. 151163. Alachua county Board of County Commissioners, its offieials, employees and Volunteers are included as Additional Insured where required by contract with respect to General Liability and Automobile - Liability policies not in excess of limits of liability as shown on this document. General Liability and Automobile Liability policies certified hereon are Primary and Non - contributory to other insurance available to the ATachun county Board of County commissioners, its officials, employees and volunteers, but only to the extent required by written tdntract vnth the znsord , and always subject to the policy terms, conditions and exclusions. waiver of subrogation as granted in favor of certificate Holder with respect to the workers' compensation $mlicy as required by written contract but limited to the operations of the CERTIFICATE.HOLDER CANCELLATION S140MO AMY OF IRE ABOVE DESCRIBED poLICIEU BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERE4 IN ACCORDANCE WiTH THE POLICY PROVISIONS, Alachua County Board of county AUTHORIZED REPRESENTATIVE --r cnm issioners Risk M anar em ent PO Box 5637 Gainesville FL 32627 -5697 USA s 0 1 9 8 8 -201 4 ACORD CORPORATION. Ali rights reserved. ACORD 26 (2014101) The ACORD name and logo are rogletered marks of ACORD AGENCY CUSTOMERID: 570000036185 ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INeQRED Aon tusk services, inc of Florida TestAmerica Laboratories, inc poueY NUMBER see certificate Number: 570056809430 CAMER NAIL CODE See certificate Number: 570056809430 EFFMYNEDATM ADDITIONAL REMARKS THIS AUDMONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Lability Insurance Rgdlllanal CBBEApVA,I of �psrnllans f l.acmlou+ yeDleps; insured under said contract, and always subject to the policy terms, conditions and exclusions. J ACORD 101 12000101} S 4D Yo08 ACORD CORPORATION. Al fights reserved. The ACORD name and logo are registered marks of ACORD EX. B Testrnera THE LEAOER'IN ENVIRONMENTAL TESTING Test America Laboratories, Ine 296:0 Foster Creighton Drive Nashville 7N 37204 November•2'2016 The .1%illage.of Tequesta Street/PO - Box Address City; :State Zip - 561 722. 4-67 Re: Piggyback on Alachua County.Con tract 'RFP /BID# 15 96 Mr.. Sam. Heady: t In response to:your request of piggyback on municipal or cownty contract, TestAmerica is pleased to offer Village of Tequesta- the opportunity to' piggyback on theAlachua County Contract,bid. #15 96. Pricing in the bid will be extended to .your testing, 'needs ;and has been consolidated for convenience and clarity in the attached spreadsheet._ Subcontracted analysis not `performed by TestAmeeica will be priced at the' market. .rate, and subject to .change based on the subcontract laboratory pricing Additional testing not'listed in 'the Alachua County Contrast can be provided at 20% off the standard price. - Should:you chose to a'cce.pt`this offer the new rates would go into :effect. December 1, 2016. 'Villagp:of Tequesta, has,a, long history of procuring our.analytical services.. We Hope that you find this proposal satisfactory'and look�forward to serving your:analytical'needs'for many years to come: Sincerely, Kesavalu Bagawandoss .Laboratory "D'i.rector 615 7301 -5757 2960 Foster Creighton Dr: Na' phv!11ejN 37204. te1.;615.726'0177 `fax'615 726.340'4 www- testafnoricainc. orn