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HomeMy WebLinkAboutAgreement_General_10/12/2017_Wade Consulting and Solutions e � ® o Phone: 913.449.5223 - Email: info@MichelleFromKS.com - www.MichelleFromKS.com Date Prepared: June 30, 2017 Prepared by: Michelle L. Wade, Principal Assessors: Michelle L. Wade(Lead) Laboratory: Village of Tequesta Water Treatment Facility 901 N. Old Dixie Hwy. Tequesta, Florida 33469 Contact: Michael Sudell Phone: 561-768-0490 msudell@tequesta.org Scheduled Assessment Date: August 25,2017 Village of Tequesta Water Treatment Facility(E56679)agrees to the following terms and conditions in regards to laboratory assessment services provided to the laboratory in accordance with the Wade Consulting and Solutions(WCS)contract with the Florida Department of Health: • Laboratory agrees to pay 100%of final invoice which will be provided with their assessment report within 30 days of receipt-,and understands that WCS will not provide a final corrective action review if payment is not received. • Laboratory understands that final invoice may differ from original quotation depending on variances in travel prices after quotation date,as well as variances in time charged that may occur depending on the laboratories individual circumstances. WCS will make every effort to identify this information and provide it to the laboratory during the on-site assessment. • Laboratory understands while they are the client of WCS,WCS is obligated to provide services in accordance with the contract WCS holds with the Florida Department of Health. • Laboratory understands that the assessment provided by WCS may not find 100%of deficiencies the laboratory currently has. A failure to find and/or list deficiencies by WCS does not mean that WCS condones any actions by the laboratory and the laboratory is encouraged to correct deficiencies through their corrective action process if found. • Laboratory agrees to provide WCS with access to all records pertaining to their application with the Florida Department of Health for laboratory accreditation. Page 1 of 2 a e Phone: 913.4495223 Email: tnfo@MichelleFromKS.com wwwMichelleEromKS.com • Laboratory understands that they may be asked to provide WCS with copies of laboratory policies,procedures,and records • Laboratory understands that WCS can not provide consulting services to the laboratory during the course of the on-site assessment,or for a minimum of two years following the completion of the assessment process. • Laboratory agrees to not hold WCS liable for any findings,or lack there of,that WCS may or may not find during the assessment process. • Laboratory understands that WCS is acting in an impartial capacity,providing assessment services on behalf of the Florida Department of Health,and that the laboratory is required to follow all Florida Statutes and Regulations that pertain to laboratory accreditation. 1 Michael Couzzo agree on behalf of the Village of Teguesta (Printed) (Laboratory Name) to the above terms and conditions. (Signature) ( ate 4 oc�utJ 06/30/217 Wade Consulting and Solutions (Date) Principal Page 2 of 2 07111 CFAA NcL NA STATE Of FWRiDA ®rein-Client CSFANa NA DEPARTMENTORHBAI.TH STANDARD CONTRACT THIS CONf7tACT is entered into bdwfta the SW of F Wids.Depsmnmt of Heo t6,her eina�mferrcd m a tic depamnent,end Vtfade t:ansrrlHrrg and Solutions haar.hwittr rM red to as tiro p vvi&r. TwPARn78sl eRm 1. The PRovmi9a Ate: A. To ptrov4de serrioes Irt rdsrtee mratt,the oancfEBans stated in attachment L a ReWremords of MT.MB,Rorkis motes(FS) To provide units of delivmerable%including reports,lirtdings.and draft as specillied in Altedmnent 1,to be received and accepted by the conftO mvarager prior!o payment.To comply wlfht the criteria and&W deft by which such witeria must be met for completion of lids contract as specified In Section Ili, Paragraph A. of this contract. To subrrdt bids for fees or other compensation for services; or expenses in suf@dent detafi for a proper pre-auk and pod audit thereat WIwe appGtRble,to submlt talcs for any travel expenses to accordance with§111061,F&The department may,d specified In Attachment 1.establish rates tomaer titan the mix nittm protnded in §112.061,FS.To+lt�w pubGe atxess to+�deGturma�tg,papers,letters,or cttfm�r n,a tra the provt�orns of Chapter 119.FS, made or received by the provider In cron untkon with this contract.It is exprsssty understood that eve provider's refusal to cam*with tht provision shall oonshbute an immediate breach of contrail. C. To the Foil Govsrstirtg Low 1. State of Ftorfct Low a. This contract is executed and entered itifo in the State of Florida,and shall be construed,perlormed,and enforced in all respects In accmda nm with the Ism. rules,, wit regulations of the State of Florida_ Each party shall perform cis obligations herein In accordance vAlft the terms and cortcttlons of the contract. h. Ifthis contract is valued at 1 nitillon oars or mare,the proulder agrees to refrain from any of the prohibited business activities vWth the Governments of Sudan and Man as described In s.216.473,F.S. Pursuant to s.287.135(5).F.S.,the ant stall bring a civil action against any oompony that falsely cendfles its status on the Scrutinized Corti with Activities In Sudan or the Irvin Petroleum Energy Sector Listae. The provider agrees than fie deparbntent shall take civil action against the provlderas described in s.287.135(5)(a).F.S.,9 the provider falls to demonstrate that the germination of take aettlficatron was made In error. 2. Fad"Low a. If this contract contains federal funds,the provider shag connpiy with the provisions of 45 CFR,Part 74,andror 45 CFR,Part 924 and other ap kable regulations as Weafied in AttaCiTi eM I. b. If Oft agreement includes federal funds and moms than$2,000 of federal funds wig be used for conilnuclan or repairs,the provider strati vaith the:pr wlslons of the Co*utd"Anti-1(lid"W Act(18 U.S.C.574 and 40 U.S.C.2766).as supplemented by Department of Labor reguladiorts¢9 CPR part 3."Cordractas and Subcontractors on Putt Building at Public Work Fkwwmd in Whole or in Part by Loom or Grants from the limited Stalise). The act probibb provldliens from Inducing.by any meatus, any person employed in the construction,compleftm or repair of public work,to give up any part of the compensation to which twMw Is oftniivise entitled. All suspected viers must be reported to the department c. if this agreement includes federal fiends aid said funds YAK be used for the performance of mental, developmental, or meseardm wane,the provider shad comply with 37 CFR.part 401.'Rights to inventions Made by t ooproM QrgenfzWons and Srnad Business Fhms Under Gover mt rdall Grants,Contrails and Cooperative Agreements.° d. If this clad contains federal finds and is over$100A00, the provider stall comply with all applicable standards,orders, or regulations 1w under§308 of the Clean Air Act,as amended(42 U.S.C_ 1857(h)at seq.).§605 at the Clean Water Ad.as onended(33 U.S.C.1369 et seq.).Executive Order 117A and Environments!Protection Agency moons(40 CFR gent 15) The provider shelf resort any violations of the above to the department. e. If this conbad ow*ns fedaatad ttrndkmg In exmn of$100,000. the provider anus, prior to contract eWAJI m, ccumplete the Certification Regarding Lobbying tam,Attachment-NA N a Disclosure of Lobbying Adivifrea form,Standard Form I.Il,is required. It nnty be obtained from the contract manager.All azure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager. f, Nat to employ unauthorized dens.The depatWwd shall consider employment of unauthorized aliens a vtcletiouh of 9274A(e)of the immigration and Nabnaram ion Ad(8 U.S.C.1324 a)and section 1001 of the fi mmigration Refovm and Control Act of 19M.Suds violation shall be caarse for unilateral cancellation of this corkad by the department The provider agrees to utdire the U.S. Department of Homeland SearrWs E Verify system,h2MAgM1E&.usd9.srovAsuri[t.to wergy the entptoyawd elf9111"of all EM em ll vie$hired during the contrao teens by the Provider.The Provider dug also include a3 requirement in subcontracts that the suboontractu scrap ufze the E Verify system to ve*the employment e4glbift of act nevi mftm hared by the subcontractor during the Contract term. Cw*waCttus nmeeft the terns and cxndillions of Bee E Vedly System are deemed to be In compliance with this provision. g. The provider ill comply marlth Ptesldenrs Execubw Order 11246.Egtall Employment Opportunity(30 FR 12319,12M.3 CFI; 1264-IM Comp..P.339).as amended by President's Executive Order 11375 and as supplemented by replatlons at 41 CFM Part tI& h. The provider and any sut=ntradors agree to comply with Pro4h4dren Ad of 1M4, Public Law 103-277,vutmldm requires that snxftV not be permitted in any po lion of any Indoor facility used for the provision of fedm*funded services kcWdhV health, day care,early childhood development,education or library services on a rouflne or regular r basis,to children up to age 18.Failure to comply with the provisions of the law may result in the koposfiam of civil me netatlr penalty of up to SI AM for each violation arnttar the imposition of an administrative compliance outer on the responsible entity. 1 Cordrada 22E4R 07111 f. HIPAA: Mere ale, the provider will comply with the Health Insurance Portability ACcocmtability Act as well as all regulathorts inrarndgatad thereunder(45CFR Parts 100.102,and 1". �. Provider is required to submit a W-9 to the Department of Ftrhanciai Services(DFS)electy prior to doing business with the Stave of Florida via the Veror itVebstt+3 M von►. Any subsequent changes shall be performed through this website:however.if provider needs to change their FEID.they must Conrad the DFS Vendor Ombudsman Section at(M) 413-W19. I if the provilder Is detennirted to be a subredoent of federal funds,the provider will Cotopiy with the requirements of the American Recovery and Rebslment Ad(ARRA)and the Federal Funding Accountability and Transparency Aral. by obtah*%q a DUNS mmbersnd be issrod r rig the t pros 1 �mitled at valid D�mber andwitih the evidence evidence of moistrst�#.ederal CentralContr3clor&a�copy of the completed CCR registration) In CCR to the departmeit To obtain rein and instructions. +Bait i doay.dnb.orxnNmbform and arowa_xresov. M Ate,Ruconds,and Records Retention 1. To establish and maintain books, records, and doarrnenls (iricludIng electronic storage media) in accordance with generally accepted accounting procedures and practices, which wfliclantly and properly reflect all revenues and exper ddores of funds pwAded by the department under this contract. 2. To retain all linen reoaonda, financial records, supporting documents, statistical records, and any ether documsrds (inudktg etec irmic storage media)pertinent to this contract for a period of six(6)years after termination of the om*ack or if an audit has been i bftd and audit findings trance not been read ved at the end of six(6)years,the records shall be%tshed until resolution of Me audit FsndIngs or any n v4dch may be based on the terms of this confer 3. Upon completion or termination of the contract and at the request of the department, the provider will empeiate vM the department to fecllithte the duplication and transfer of any sold records or lac marls during the required raWtioq period ss specified In Sedan t,parawsph D.2.above. 4. To assure that these records stall be subject at at reasomable times to htspec bra review, or audit by Federal, state, or other persormal duly authorized by the department_ tit Persons duly suftriamd by the department said Federal auditors.pursuant to 45 CFR,Pert 92.WO(IO),shall how full seem to and the right to examine any of providees c onOW and related records and documents.regardless of the form in which kept at all reasonable tunes for as long as WA tit are retained. 6. To provide a finamdal and axnpli Ice,waft to the depsitmieM as sped in Altecturent KA and to ensure that all retailed party transactions are disclosed to the auditor. 7. To kciluds,these raioreiro toned audit and record keeping requirements In art approved subcontracis and assiVmen ts. S. 9 Exhildt 2 of this contract bidkcates that the pcvider is a reolplent or dank the provider will perform the mquM iifwwM and compliance audits In accordance with the Single Audit Act Amendments of 1M and Olin Circular A-133, andtar section 216.97 Rodda Statutes,has applicable and conform to the foilotming requirements: a. Doomrientedion. To maintain separate surrounding of revenues and otpanditures of funds udder this Contract and each CSFA or CFDA number idecd tad an ExhIM 9 attached hereto In accordance with generally acted accounting practices and procedures. Expenditures W*h support provider ar t Abes not fly authorized under this contract must be allocated In accordance with appals laws, rules said regulations, and the akadon niethadolcgy must be documented and supported by conipMent evidence. Provider must maintain sufficient documentafiori of all expenditures Incurred(e.g.invoices.canceled chadw.payroll deta .bank statements.eta)under ft witrool which evidences that vosnOwes are: 1) allowable under the contact and applIcable laws,ndes and regulations. 2) reasonable;and 3) necessary In order for the recipient or subrecipient to WIN its obligations under this*"M The alum documentation Is subject to review by the Department andrnr the State Chief Fuwju:iW Ofliear snit the provider will tf y wAh a"MqueW for dooUmentaatton. b. Financial Report, To submit an annual financial report stating.by One Item,all expenditures made as a direct result of saft"s provided through the funding of itch conbisct to ft Department within 45 days of the end of the contract. If this is a multiyear contract,the provider is required to submit a report waft 46 days of the and of each year of the contra& Each report must be acoampianed by a statement signed by an Individual with legal autho*to btnnd reciplent or subredOwd by certi t that these exgendtlWW star true,accurate and directly related to this contract. To wisure that funny9�rW of, wider��this contract Ineelooess of expenditures is remitted to the Department within 46 dap$of the r earlier�yo�f the of,o termination of,PWS**nt ea G MordWlIng by w^.D To prhmit pein6tses duly at0wrized by the department to inspect any yewM.pap m.deouonrtents,facilities.goods,and services of the provider, which are relevant to this ow trarx and Interview arty tdiants and employees of the provider to assure the departrnerit of whallactary psiforrnanoe of the terns and conditions of this contract firing such evaluation the department will detWor to the pMvk*a written report of its f n4ngs aatd vYAI h%*We va ten n3coinrnendatians vrlth regard to the provider's peiornianoe of the terms and ins of this contract.The provider will correct all voted deficiencies identlited by the deparlrnent wiithin the specici8ad period of lane set forth In the recommendatioas.The provider's faiture to corned noted deficlencles may.at the sole and exclusive distretion of the depanbneM, result In any one or any,contbiniallon of the killowir%W (1) the provider being deemed In breach or defy A of this cordract(2)the withholding of parymente to the provider by the department:and(3)the termination of this oontr for cause- F. IndemnlGcation NOTE: Paragraph LF.1, and I.F.Z are not applicable to contracts executed between state agencies or ins, as detlrhed in §768.28.FS. 1. The provider shall be fable for and shall Indemnify,defend,and hold harmless the department and all of Its offic err agents,and employees from all d ahM suits,judgments,or dates,dal or otherwise and hiduditig eftnnwW fees and costs, 2 Contract>a C_ opm 07i11 WlOV out of any aal,actions,negteek or aNssions by the provider.Its agents.or ernptoyees during rue perkirnare or operation Of this ercntred or nY subsequarO dais thereof, whdher direa or t'utreck and%*edw to any person or tanjible or intangible property. 2. The prnt4d a butbility to evaluate liability or its evaluation of liabnl4 shag not excuse the proviWs dory to defend and Indemrtity uathm seven M days after such notice by the depaabnent is SWen by coeutibed mall.Only adMWMon or Judgment after highest appeal Is ex1hausted sperkagy finding the provider not Robb stag mouse parkr ante of rife provision.The provider shall pay d costs and fees related to We obligation and Its erdurcermert by the deaperlsvolt-The depotnnent's blure In notify the provider of a claim shall not release the provider of the above duty to defend. To provide adequate gabgity Insurance coverage on a comprehershm basis and to hold such(iabifdy irmsame at all tInws doming the of Ilia contract Gerd any nseierars")and e5ftnstio*)of R.Upon ereerdion of Otis contract,unless it Is a state agency or subdMolon as definer by§786.2 .FS.the provider accepts full mvpronsi ft fur dying and detsrrntir*V the ty+Ws)and ercternt of lis3blMly Insurance necessary to prvAde reasonable tinenof pry for the provider and the clanis to be served under this eexttard. The drreits of coverage under each pe>dcy ffwktWned by the provider do riot the provede es liability and obilgaillons under ft contrail upon the es mudon of this contact,the Foulder shag brbh the depsibnelt nwittean verftatlen supporfirrg built the determination and alsleiVe of such biernence eoveege.Such coaverage my be IaroA*O by a sew Onaurence program and operating under the laws of the SEat of FWnda.The depetbnent rem the right to require additional irks as speed in A#edtrrrent I whew appropifape H. Safeguarding I norrm Om Not to use or disclose any infanyMon eenoeming a recipient of services under this contract fior arty purpose not to oon amity with state and federal how or rregulations except upon written consent of the redpied,or his responoble pared or guardian when authorized by law. 1. Asalgnrnents and Subcontracts 1. To nether assign the responsibility of this contract to another party nor subcontract far my of the work conlerriptated under the contract wiftu4 prior Witten approval of the fit.wrath shall not be unreasonably withheld.Any snub-!teems,assigranent, or Ire nsfer otherwise oocuurtng shag be nets and void. 2. The provider shall be rye for all work performed and all expenses hwured with the pv)ea if the department permits the provider to subconlra d aU or part of the work owte rspMed under rids contract,including er*wing Into sudsc onfrads wffh wantons for sus and oesrrumeafiees,it is understood by the provider float the department shall not be Kahle to the w boorOwtor for am ea w ansres or IWAV"kwurred under the subcontract end the provider stall be sorely liable to the subcontractor far all expenses and iiabiDdes Incurred under the subcontract The provider.at Its a*ense.YAP defend the dot against such debris. 3. The State of Flpettte shall of all lunge be erfted to assign or .transfe,in Whole or part,gs rights.dutes,or obfgaf"under this cordrad to another govermnental agericy to the State of Florida.urn gW tg prior wren aortae to line prowider in the event the State of Rom de approves transfer of the provider's obGgaGons,the provider Mnafna rite for all wait parifwmw and an expenses Incurred In eoraieclion with ft co,tlrBCt In addition,this contract shell burl the successors,assigns,and Iegai representa6m of the provider and of any legal erdhy that suroeeds to the oMigadfons of the State of Florida. 4. The cxndracW ski pride a mM*Winorhyy Business Enterprlee r+epod sumnwifi tg Oise participation of owdled and norwertifed ndnaft suppliers for the ounertt morilk and pmjed to date. The mpert siWO(nslude the rwries,addresses,and dollar wmxt rt of each certiffed and norwaA d MBE participant, and a wW mast be fcrv�d to the Contract Manager of the �D of Heatdr. The woe of SuppSer y(95D 487-091S) w1l assist In fwrdslvng nem of qxrfified mires. The De"Wnent of Health,hfbrta*Coordaha"WO.245419%VA asdot vnllh questions and auis ws. 5- Unless olhamAse stated in tie contract betsureert the pmvidar and subeorttIractor,payments rrrade by the pmWdw to the subtxr*actor must be w1 hit asivert(7)working days afar recedpt of trig or pafird payments from the Oepa tram In accordance weir§W.ti585,FS. Failure to pay vANn seven(7)voort V days wN mad In a penaty dlerged agaarsttre provider and Maid t y ft provider to fhs3 srsbcs mI actor In the anwunnt of one 4wY of one(1)percent of tie amount due per day 6w the eiquratto, oftheperiodakwedherehforpwonert Such penalty shah be In ad ton to actual peymer4s owed and shall not ecooeed planer(1*penpant of the&Aswcbtg belance due. J. return elf Funds To reow to the depatn>erd any overpaymerds due to unearned Raids or AuWs moved and any interest aftbultable to such thick pursued to the terms of Cris coWW that were dsWrsed to the provider by the deparatnem.In the event that the provider or to kulapendert auftr duseoms that overpayment has been ffw*toe proviso shall repay said overpsymM widdn 40 calendar days wslliout prior nolkallion flan the department.In the everd that the depwWrient first dhoovers an overpayniattt has been made, the departrnent wfll rho*tine provider by letter of suds a Sxkq.Stoidd rrepeymem not he made in a tlrnefy rmanner,Me department will charge merest of orie(1)pareennt per mordh compounded on the outetanding balance after 40 calendar days affertne deft of noOlicatlon or deaoueey. K. tnrhlett Albwe, and Explofinfion Reporting In compliance with Chapter 415, F5.are employee of the provider who knwAs or has(sesonsble cause to suspect that a child,aged O7erson.or dealitad adult is or has been abased,megiftted,car exploded stall Irmnedfately report such kn owWp or suspicion to the I-lorida Ahne on the single stabawfds tone telephone number{11-800-MABUSE). L Trnnspottalko asadvantaged If dents one to be transported under this owbi t the provider will comply was the provIslons of C hepter 427.FS.and Rude Chapter 41-Z FAC.The provider shag"n*to iha depertsner8 the repots rr~quatred pwwjanf.to Votst=10, Curter 27.DOH Aco+outntlmg Procedures MWRML Oft, PuroNtsdng 1. t is agreed that any w I d a a w*h we the s cit or aire ve*dmd to carry cod Ift contract shall be purchased from Poison Rive Industries and D'nrersiOled Enterprises.Inic.(PRID7 Identified under Chapter tI+{t3;FS,in the same ritastrter and uardP.rrthe pmcedums sdfotth In 9946M5M and K FS-For purposes of ft contest.the proAde r soles be deerned to be subslgceted for the departnera Insofar as deaings w1h PIRiE.This clause Is rsat appliliculbIe tD ou600nlractow unless otherwise rerpsdred by W.V.An albbreviated go of 3 cormaa s COM 07/11 produdsrsenam melts from ODE maybe obtained by urortteMtg PRIDE,1-M&S -t14M z Ptocurernerdot�v h ReoydedGcntent life espy urtcismtood and eareed hart any produce or metsdteb hit►ars,the str*d ot;or are requbiedtocerryceteftcardractshall be proaused in atooatdanoe with to of§4031M and§M.045,FS. 3. MyFlad*Matkeft=Vendor R9&Wdm Each vendor doing business wi h the State of RWft forthe sale ofccnmtOMm or cantractual services as debted in sec9m 287.01Z Florida Statutes,stall register In to MyFloddafdarimlPlace sysien unless exempted under FbIde Adrrdnhlstiv"Code Rude WAA OM(3)(FAG 4. MyFW t Mwk@ft=TraroxclicaFee The Mate of Fioads,tf"*fhe Department of MwwguenW Services,has uukded Wpilm daMarketPlaoe.a steWde eRoK swrient sysbirm Pua wit to section 287.057RZI).Florida Stale m(20M.d pay wft sW be assessed a Tr on Fee atom peroertf(1.0%6 Which the ProuldershaA pay bofhe Stele. For payartem vrl *v the Stab a=wting system{FLAIR or ks shweserxl.the Transaction Fee shell,when pale,to autana icaily deducted from Payvhterhta to the vendor. t W*nWrr deduction is not possible,the vendor strati pelt the Transar Wn Fse pursuant to i* eaA-1431(2),F.A.C. By akaftsion d these re"ft and oontesporhdlna perpm s,vendor cedles then ocmedi are. Alt such reports and pejmarb shop be&*d to audit byt o Share or he,designee. The Provider shall mceive a credit for any Twmdw Fee pail by the Pr for the purchase d any Kerrie}6 such kanl(s)ass rttrvmed to She Provider th h no fMA ad,or Wi0sion of the Provide: NoMilimbrift the twepirtq,a Transacdon Fee is r m4reltu dabie when an item Is re}eated or rdoned or ded aA due iothe vwKWs kam to perform or om"vdth sinalcalloris or regurrtrm*of the safest. F&Ue to eaff*v th these requftiernards dW oonstlbAe grounds for dede*V On vendor in ddmA and mcow(ng reAcvanenu3rct costs Ow the vendor in adM n to all oublan0a fees. Providers deffrtgrrerd lo paying tramaction fees may be exckided fmm oorxhrcting artiste budF* s with the Stabs. it Civil Fights Re*dmmrds Civil Rfgfts Can: The provider w®I=iply with applicable pmvistmts of DOH pubficadom Wethhods of Administration,Equal QPporwiy In Service Delivery." O Ir ub"t Capacity of the Contractor 1. In the part inencu of"confract.4Is agreed be been een the p e tes that the provider is an€ndeperxlet d contractor ad drat the pmvWw is safely Me for the perhunanoe of aq lasks contemplated bythi s om act whletn we not the exrdush er r+eeportsilillity of the deparbttant Z Ezxo where fhe provider Is a stale agency.the provvider.do officers,agents,ernployew subomtadors,or assignoe%In perthtnattce of this .shall tact In the sty of an htdeperWent cormactor and not as an offim.ernptoym or age d the State of Fonda.War shall 00 provider represent to othare that i has fhe&dron't)rto band the depaMtertt unless specifically&Owtzed to do am 3: E;VW wheteflr a p>t r is a dabs.nw w'fhe prower,lootnoar%Verb,engt ,subcar art tors,runasalgrsees are ended to state r+ehwnerd or stale have beneflf,orb mW ether cornpensathn d atebe etrrpkrytrrant ate a result ofpMfOrmhV the dhiffes,mid obligations offhisaarr6DM 4. The proves aareas to take such act as may be necessary to ensure that each subcorilractor of the provider VA be deemed to be an independent oxftdorand will not be conalaler sd or pettt*W to be an agent,servant,jr W vertcnetr,or partner of the Stine of Florida. 5. Urfm justiffed by the proms and agreed to by the deisa ttrtent In Aftae tent I,the department%Ip not fi:v*h servfM of support(e.g., affvoe wow,office$upp%%tetephcna s twice,mod,or dedW wn=Q to the provider,or ifs subcontractor or assignee. a. M dedu efia n for social searrfly.eta taxes,bmmomie teem,omtthbur m to ruwMtoy=W a mtpensat=twids.and au mwessery hmanoe for the provider,the pmvkWs ofllut %empbyee% aphis, skoortractors, or assignees shay be the newerisib*of 11M provider. FR 3PNOOrhfto As mad by SM25.FS,if the provider is a tier-ur—r m m Ad orlon w h sponge a program&wrwed wh011y or In PM by Oft Land%IndutrDtg any fiaaht obishved h this oworea 4 shall,In per,adveffishg,or deacdUng rile sporscrahip of the program.smote:. orad by awowdorw rrsrro and the stela cf FA=*Dsperbrteat off ft.If me spotnsarstrlp nefeeo is in written material,the wands sfafis of Fllavdrta, Da paftwt of faeM shall appear In at least the satire aim lei or gips s$the nacre of the wiz 1- 4 FbW Invoice To submit the final Invoice for payrrhertt to fhe deperbnent re more then M&days after tlut:conf ad ends or Is termbiated.If the palter Oft to do so,a8 rt M to payment Is t debd and ghe d*w twit will not hau>r any requests mbnad of farthe of t th*pealed.Any paprat duce under the terms of tale conb d may be vrvV*W tt d all reports cruse 6bnt the p1 and ray a*mbn thereto h m been approved by the department FL Use of Fwxia for Lobbying PmMbbd To am*with ft prWalc ss of 9216.347.FS.which pmhibd the emmxftn of oo tact fiands for the purpose of bW*g Ore Legislature. judicial brtanch,era state agency. S. Public Entity Crime and Dwadminatory Vendor 1. Pwsuard to§287.133, FS,the foflowlog restricWns we placed an the ab€Iky of persons convicted of pubic entity a mes to barmot bushoss w4hh the department:Milt sn a pevaon at alfilate has been placed on the convicted vendor list Norbng a corttdotion for a pulps entity crime,he/she may riot submit a bud on a oartratcl to provide fury goods or ser io"to a public end►,may not>ruturdt a Lid on a cmdrad vvlOt a pubpo entity for the co on or repair of a public buftV or p A&worts,may rat subs nit We on bases of real property to a plc arhitty,may rho#be swmw at pedban work as a oontnhxdor,SL"*N,subcontractor.or consultant under a c mbW with any pubic aft and may not fransed busiriess With any public entity in ames d the doW old ar 4unt provided In SM-017. FS.fa CATEGC RY TWO for a period of 36 rrhaMhs ham Ole date dbeing preset on the eonAted vender Nit. Z Pwaautt to 987.134,FS,the>fcrllanvlrm wallftdons are placed an ftte ability of persons.convicted of dW=bn red m to t woad business vdth Ote depwbTgft 1fA=a person or aMde Nos been pied an the dWirdnetary vandorhtMw#hV a avviction for dlsexirrh6tntian, hefahe mW not subaft a bid on a contract 1c provide any goods or sus to a public entily.may not submit a bid an a nottttac tvvith a 4 Contest# C1PrtR 07111 pac enfity for the construction or repair of a pul fc bul tg or pure work,may not submit bids on lasses of real properly to a public entity,may riot be awarded or perform tweak as a contractor.suppliers subcontractor,or corm ltaant under a cm*ea WM any ptulft erdiiy, and rM riot trarsact business with any public envy In eachzess orthe lhradw amount provided to$28`7.017.FS.for CATh_ ORY TWO for a period of 38 noAft from tits daate of being placed on the drsCrlmhnatory vender fist. T. Pat wi%Copydghts,and Royalties 1. K any discovery or Mventan arises cr Is developed In the course cr as a result of work or setvic es perfantred under fts contract,or in anyway cionnecled herewith,the proA Wr shy refer the discovery or kwendon to the department tar be referred to the Departm at of State to datenmine whather patent pvotection will be sought In the name of the State of garlic.Any and al patent rights scauirg under or In Contecfon w4r the pedarrmancoulthlarmnbaa are hereby reserved to the State of Ronda. 2. in Qte,event that any books,rnanusts,dMvk or car ooMnightarele materials are produced.the pmWder shall notify gte Depart pOnt of Stela..Any aid all ropytigttts accruing urtderor In connection whh the pedwmarm under this contract are hereby reserved to the State of Florida. 3. The provkdr,w0hoit ebra>s0on.sltati hxtem*end save heartless the$line of Florida and Its eniployeas from fiWAV of any ndwe or litnd, kaudng cost and ebb for or on account of any aopyiighteds patented, or unpalented h errOon, process. or esdds rttatrnifac Lured by the pr+ovlder.The provider has no fiabRy when such daim Is solely and lively dire to the Department of SteWs alteregm of the w0cle The Slate of Flodds vA proide prompt wMe n rratllic m of claim of oappight or pole nt Infringement.t`urtim.If such claim is made or is perdM,the provider may,at Its option and eagtense,procure for the Department of State,the nigh!to continue use of,replace.or motfdy the article to render lt namdrtitfnOkO I the provider uses arty design,demos,or maWels ODVKW by Mai% paft or copyrigfht,k is nwtu*agreed and understood without exception that the bld pfloes shag indt do afi royal or cost orift from the use of such design,device,or a mbuft to anyway invoMW It the work. U. Construction ar h'ormwalion of Facilities Using Ste FWtds Any state lUnds provided far the purchase of or improvements to real properly are contingent upon the provider graining tu the state a security Interest In the properly at twat to the ansouin of line stye funds provided for of least(5)years OW the date of purdtaee Cr the completion of Via irrpnovernerhts or as flamer required by law. As a eondltlon of a receipt of stale 9tatding for this purpose,f11e provlder agrees tnsd,if it disposes of the properly before the rhtent's W rest Is aaceted,the provider will refund the proportionate shoe of the slate's Wal itwestment.as adjusted by depreciation. V. Electrank,Fund Transfer The provides agrees to eraoU in Electrordo Fund Trander.offered by the State Comptt Rees Of ice. Copies of Au9autza&m form and sample bank leltur are available horn the bepaitn ent Ouestions should be d'aected to the EFT Serku at ($W 410-94H6. The prevfcnu sentence is for noft purposes an- W. InAmnaSon Seacrity The provider shall main ain cord iderteafity of all data,toes,and records Indu fug ofient records related to the 6eivnces provided P+ to this agreernent and shay ccnVly with state and federal laws,including,but not limited to, sections 354.29, 381,004.392.66,and 456.057, Florida Statutes_ Procedures most be tmplemented by the provider to ensure the priotedJot and corffidenliality of all oomlideiai tnatlers. Thess procedures shall be consistent w1h fie Depart nerd of Heafth lnk motion Security Polities,as amended, which is trtvarporsted heroin by reference wA the receipt of hvhidt is sdctttbt k dpand by the prohrder,upon emcutioin of this agreement. The provider will adhere to any amendments to the department's sea✓urity requirements provided to it during the period of ffds agreermenl. The provider into also comply wM any applicable professional standards of pracfice a11h regnct to dent ie ty. Ii. THE DOwARTNUT AM09W. A. ConbictAntowt To pay for eontracled services aooah V to the eondi6ans of Af chment l in an amount rut to exceed 50.00 Subject to Mte mmilabRy of fiutds. The;ate of Florida's mince and obligation to pay under this otrrdW Is col*gent uW an annual appnapriallm by fhe Legioiae. The costs of sty paid under any other contract or fiom any other source are riot eligible for relobursement under ids Conttad. IL Con"a Payauard Pursuerht to 915.422,FS.the deportment Ms Oft(5)wcAdno Owp to Inspect and apAmo goods and services,unless the bid spedilcetions, Purchase Order,or ttds contract specitles Cowrwise.Ytrr"0i the roaeOM of payments to health care Pv4de s for hospital,Mecticaal,or cater heath cans eeruioes,if paynrertt Is not available wd*dn 40 days,measured fFom the hater d the dale the Invoice Is received or the goods or services are removed.inspected anal approved,a separate Inland penally sat by tins Comp Ooller Pursuant to§W 03,FS,WE be due and payable In adffcn to the Invalos amount To aidafn the applicable Interest rate,contact to local cflookcntirsct sdnt6 rshalac Payments to heath care pvAders for hospitals,nudical,at other health care services,shalt be made not more ffm 36 days front the date 0110fgy for pap pent is ddorrfted,at tte dalty frntareat rate of U3333%.Invoices returned to a wdor due to preparaal on errors will rMa in a paparsnt delay.Interest penalties tars than one do0ar wAl riot be enbroed unless the vendor requests payment.WOW payment requiremards do not strict Wadi a pmpedy aomy>>et d Invoice is provided to the departirrent C. Ve ndorrOmbudermafn A VWxW Oval6udsmern has been estobfished wr'Nv'rt the Department of FkwuM Services.The duties of this Inolatdruai Wd ude wing as an advocate for verdas vft may be vVerienckV pn*terns In obtalhing tmely payment(s)ficam a state agency.The Vendor Ombudsman may be om t sled at(SM 413,6516 or(8M 342.27OZ tine Slate of Florlde Brief lgrtarmW Of tees Hodne. M. ltm PRovmmArro Tit:DEPAR7iti+IOt'Al<UTt aL.YAoRi£ A. Efflimlive and Eroding Odes This cordraat strati beglt on OF1410J3 or on the dots mh which the cordrad has been signed by both parties,vuhlchevrnr is lam It shad end on 0SM20141 . IL Terncinatiion 1. Termination at Will � CantraU 0 07111 This contract may be terminated by either party upon no less than thirty (30)calendar days notice in writing to the other party,without cause, unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested,or in person with proof of delivery_ 2. Termination Because of Lack of Funds In the event funds to finance this Contract become unavailable,the department may terminate the contract upon no less than twenly-four (24)hours notice in writing to the provider.Said notice shall be deliverd by certified mail,return receipt requested,or in person with proof of delivery. The dr-partmerit shall be the final authority as to the availability and adequacy of kinds. In the event of termination of this contract,the provider will be compensated for any work satisfactorily completed prior to notification of termination. 3. Termination for Bread This contract may be terminated for the providers nor}-performance upon no less than M,arlty-four(24) hours notice in writing to the provider. If applicable, the department may employ the default provisions in Chapter SOA-1.006 (3), FAC. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract.The provisions herein do not limit the department's right to remedies at law or in equity. 4. Termination for FaBure to Satisfactorily Perform Prior Agreement Failure to have performed any contractual obligations with tho department in a manner satisfactay to the department will be a sufficient cause for termination.To be terminated as a provider under this provision,the provider must have (1) previously failed to satisfactorily perform in a contract with the department, been notified by the department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the department;or(2)had a contract terminated by the department for cause. C. Renegotiation or Modi icon Modi icatlons of provisions of this contract shall only be valid when they have been reduced to writing arxi duly signed by both parties.The rate of payment and dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been esiabfished through the appropriations process and subsequently identified in the department's operating budget. 0. ORlcial Payee and Representatives(Names,Addresses and Telephone Numbers) 1. The name(provider name as shown on page I of this contract)and 3. The name,address,and telephone number of the contract mailing address of the official payee to whom the payment shall be manager for the department for this contract is: made is: Wade Consultancl and Solutions Renina Taylor__. Michelle L Wade 1217 N.Pearl Street 990 E 1587 Rd. Jacksonville,FL 32202 Lawrence,KS 66W 944-791.1709 2 The name of the contact person and street address where financial 4. Then ame,address,and telephone number of the provider's and administrative records are maintained is: representative responsible for administration of the program under this contract is: Michelle L.Wade Mchelle L Wade 990 E 1587 Rd. 990 E 15$7 Rd. Lawrence,KS 66M Lawrence,KS Q4 - 913449.=3 5. Upon change of representatives(names,addresses,te-tleptwne numbers)by either party,notice shall be provided in writing to the other party and said notiflcafion attached to originals of this contract E. All Terms and Conditions Included This contract and its attachments as referenced,)contain all the terms and conditions agreed upon by the parties.There are no protnsions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous comrmurticabons, representations,or agreements,either verbal or written betyreen the parties. If any term or provision of the contract is found to be Illegal or unenforceable,the remainder of the wrib act shall remain in full force and effect and such term or provision shall be stricken. I have read(fie above contract and understand each section nvd pnrrsgrnph. IN 11'iT,mss THEREOF,the panics hcreto have caused this 21 pagc contract to be cxecurcd by their undersigned Officials as duly authorized_ PROVIDER: Wade Consulting and Solutions SPATE OF FLOR),VA, EPARTME,NT OF HEALTH _S1GrVATUR.B1 W oiAA a , 1 V ),Id, � Q ______ SIGNATURE: , PRMUTYPE NAME:Michelle L.Wade PRINT)TVPE tNAME:Vic r Johnson TITLE:Division Dir$ct r Emergency Preparedness and T1T1,£:Principal Consultant Community Support I DATE: $I'Z'0 1 DATE: — t 1 i f i l STATE AGENcy 29-DIGIT FLAIR CODE: FEDERAL*IIA(OR SSN): 513-92-8236 PROVIDER FISCAL YEAR ENDINC DATE: �' convact:CONR Attachment; I A. SERVICES TO BE PROVIDED 1. Definition of Terms a. Accreditation. Third-party attestation rebated to an environmental testing laboratory conveying formal demonstration of Its competence to carry out spectiic tasks related to the conduct of the testing for which it holds certiflcatlon.Also.the process by width an agency or organization evaluates and recognizes a laboratory as meeting certain predetermined qualifications or standards. b. Accreditation Body: Authoritative body that performs aocnx taition or cat iticartion of environmental testing laboratories. c. Analyte: A substance, organism, physical' parameter or chemical constituent that is being measured with a method, and in this context,for which certification is offered. d. Application: Form DH 1762, "Application for Certification of Environmental Testing Laboratories," July 2004 adopted by reference in 84E-1.102(1), Florida Adrrdnistrative Code. Application form and 64E-1: http:llwww.doh.state.fl.usli WErn UbCertWaterCert,htm e. Assessment: Process undertaken by or on behalf of an accreditation body to assess the competence of a laboratory, based on particular standard(s), regulations, certified test methods andlor other normative documents and for defined Fields of A=vdit9wn;sometimes:called an Inspection. f. Assessor: Person assigned by or on behalf of an ac credlMon body to perform, alone or as part of an assessment team, an assessment of a laboratory to determine its capability and capacity for meeting cerfiflrattionlecxtation requirements by examining the records and other physical evklence for each one of the Fields of Accreditation for which certification has bw rrequested_ g. Certification: Regulatory recognition given to a laboratory that meets rrdnimum quality and analytical perfor nanc a standards. h. Corrective Action Plan(Plan of Cornd3on): The actions taken to eliminate the causes of an existing deficiency, nonconformity, defect or other undesirable situation in order to prevent recurrence. Proposed Plans of Correction are submitted by cent laboratories in response to deficiencies cited during an assessment on Form DH 107, referenced In Florida Administrative Code Chapter+64E 1.104(S), i. Deficiency:An assessment conclusion referenced to a laboratory certification sUmdo i and supported by objective evidence that identifies a deviation from a laboratory certification standard requirement. J. Department The Department of Health k. ELCP:Environmental Laboratory Certification Program I. EPA: The United States Environmental Protection Agency m. Fields of Ac,redda bon: Those Matrix-Method4naiyte combinations for which the Department offers certification and by which laboraatodw are certified. n. Matrix: The substrate of a test sample further defined in this context for oertification purposes as: 7 Cor4rae*CONR Attachment I (1) Drinking Water Matrix: any aqueous sample that has been designated a potable or potential potable water source. (2) Non-Potable Water matrix: any aqueous sample excluded from the definition of Drinking WaW matrix. This includes source water, groundwater, effluents, water treatment chemicals, and Toxicity Characteristic Leaching Procedure-(TCLP)or other extracts. (3) Solid and Chemical Materials Mabk Includes soils, sedimerds, sludges, products and by-products of an Inial process that results In a matrix not previously defined. (4) Biological Tissue Matrix: any sample of a blokxjIcal origin such as fish tissue, "So, or plant material. Such samples shalt be grouped according to origin, (5) Air and Emissions Matrix whole gas or vapor samples including those contained In flexible or rigid wall containers and the extracted concentrated armlytes of interest from a gas or vapor that are collected with a swbent tube, impinger solution,filter,or other device. o. Method: An adoption of a scientific technique for performing a specific measurement, as doc umerted in a laboratory SOP or as published by a recognized authority or a body of procedures and techniques for performing an activity (e.g., sampling, chemical analysis, quantiticatlan), systematically presented In the order in which they are to be executed, and to this context, for which certification is offered. p. NELAC:National Environmental Laboratory Accreditation Conference q. NELAP: National Environmental Laboratory Accreditation Program r. Standard Operating Procedure (SOP): A mitten document which details the method of an operation,analysis or action whore techniques and procedures are thoroughly prescribed and which is accepted as the method for performing owtain routine or repethlve tasks. s. TM: The NELAC Institute 2. General Description a. General Statement: The Provider sal conduct periodic on-site inspections (assessments) of environmental testing laboratories seeking certification by the Florida Department of Health's Environmental Laboratory Certification Program for determining the labomtorles'compliance with applicable lams and regulations. After receipt and proceissing of an application for initial or additional oerti6catlon or for renewal of arurual certification,the Department will provide the laboratory a list of approved providers. AMm the Provider notifies the Department of an upcoming assessment to be conducted of a client laboratory on the Department's behalf,the Department will forward the application information to the Provider for review and use in its assessment of the laboratory. b. Authority: (1) Chapters 119 and 120,Sections 403.OM,403.853 and 403.MS. Florida Statutes (2) Chapter 64E-1,Florida Administrative Code (3) Title 40 Code of Federal Regulations, Parts 141 and 142 s ConhacWWNR Attachment i c. Scope of Service: This shall be a 3-year no-(mt contract to provide periodic on-site inspections (assessments) of environmental teding laboratories seeking or maintaining certification by the Florida Department of Health Environmental Laboratory Certification Program for the purpose of de mining the laboratories' compliance with applicable laws and regulations and ellGgibIi'hy to be cart36ed. d. "or Program Goats: To certify competent and gualifted drinking water and environmental testes laboratories. A major component of this prooess Is the on- ske assessment of laboratory facilities, management, personnel, qualky systems and analytical activities according to applicable statutes, rules and national accreditation standards using technically qualified assessors. 3. Ghent Laboratod"to be Served a. General Description and Apprcxrnate Nwbers Currently Certified (1) laboratory Tyne (i) Commardal: 190 (6) Water and Wastewater I SO (M) State:25(12 are located in county health department facilities) {iv) University: 12 (v) Federal:7 (vi) Research:2 (2) Matrim Ceffied (i) Drinking water:230 VQ Non-Potable Water..319 (Ili) Solid and Chernical serials: 161 (iv) Biological Tissue:22 (v) Air and Emissions:20 (3) Scientific Disciplines Certified (1) Checrdstrp:314 (ii) MimobiNsi gY 226 Oh) Radlochenustr)r: 21 (N)Toxlcw.19 (d) Size of laboratory(matmc-methods) (0 1-10: 155 M 11-50: 155 (M) >50;00 (S) in-State vs_{'hut-of-State Location (kj In4hate:278 (p) Qut-vf-Skate: 112 (6) Mobile Laboratories: 10 b. Client eliglty: The Department mains the auffm ty and right to determine the efgibility of laboratories to be assessed based on c urTent certi=Uon and compliance status. c. Client Determination: The Depar merfe ELCP will periodically notify client laboratories when an on-site assessment is due. In general, this will be 2 years after the toast full assessment was mrnpieted. The TNI standards Specify that a 9 Attachment I reassessment shall be conducled every 2 years plus or minus fi months and this schedule will be used. B. MANNER AND LOCA11ON OF SERVICE PROVISION 1. Service Tasks a. Task List (1) After being selected by a client laboratory to conduct an onsite assessment, the Provider shag review any application the laboratory has submitted for certification as assigned by the Department and as necessary to determine on-site assessment needs. (2) The Provider shall assemble an assessment:team appropriate for the size and scope of tt* laboratory to be assessed comprehensively and withth a reasonable number-of contiguous workdays.Assessment teams shag include a qualified lead assessor and may include additional qualified assessors, technical specialists, and, if authorized by the laboratory being assessed, observers. Based on the typ8 of assessment and the scope of accreditation of the client laboratory,the lead assessor shall ensure the moment team has sufficient pers onnel, knowledge, skills, training, qualifications, personal attributes, and suffldent organizational authority and freedom to perform assigned dugs. The Provider shag allow the EL.GP Program Administrator to assign Department staff to participate In or observe any assessment performed by the Provider. (3) The Provider shag schedule an assessment with the client laboratory wtthin 15 calendar days after receiving notification from the client laboratory that the Provider has been selected to perform the assessment for compliance with the requirements of the laborattory's certification. The assessment "I be conducted no later than 60 calendar days folio Ang the scheduling. At the time of scheduling, the Provider shall notify the Department of the assessments scheduled. (4) The Provider shall conduct comprehensive on-site laboratory assessments to determine compliance with the applicable provisions of Florida Administrative Code Chapter 64E-land the 20M NELAC standards adapted by refierence #weln_ The assessments shall encompass all Fields of Accreditation for which the laboratory seeks fnitial or recertification. Completion of applications previously submitted shall only be for the Fields of Acm+editation sought. (5) The Provider shall prepare and Issue a report (ft on site assessment report) documenting any deficiencies discovered by the assessment team during the conduct of the on-site assessment and linking by reference each of these deficiencies direally to the applicable NELAC C2=)and TNI C2009) Standard. Defidendes shall also be cited for the laboratory's failure to follow certified test method specifications; these deficiencies also shall be finked to the applicable NELAG (2003) and TN (2005) Standard as well as to the applicable test method specifications. On-afte assessment reports must meet the ra Camtac tKOM. Attachment Y epetifications given in TNI Surd Et V2MI-2000 and EL-V2M3- 2009 and 64E-1.104(5), FAC. Including the use of the form specified by this rule. The elements in Appendix A must also be included as applicabie. Upon request and within 7 business days of a request, the Provider must supply the Department with any and afi materials gathered and used during a laboratory assessment. These materials may Include but are not limited to checklists, correspondence, quality manuals, laboratory data, conflict of interiest forms, and confulentiall business Information forms. (6) The Provider shag require the laboratory assessed to respond, using the fern speefflsd by Chapter 64E-1.104, within 30 calendar days of its receipt of the on-site assessment resort by submdbM a proposed Plan of Correction O.e., corrective action porn) for each deficiency Weribified in the o n-aite assessment report. (7) The Provider shag review the laboratory's Plans of CWrectlon and make written recommendations to the Departrnent as to each Plan's acceptabiBty for correction of the dated deficiency. (8) The Provider shall ensure the lead assessor and other assessment team members are available, at no cost to the Department, for interviews related to internal audits,such as that conducted annuaay of the ELCP and external evaluations of the Department, such as conducted by an external organization to detemune the conformance to quantitative and quditafw speoitcations of NELAP and/or EPA, or to resolve legal matters or other disputes resultM from observations documented on an assessment report prepared by the Provider, b. Task Umits (1) During the conduct of an on-site assessment, the Provider's assessment tears shall only address an application from the diem laboratory if it has been previously received and reviewed by the Department. (2) The Provider shall ensure that none of the assessors it assigns to an on-site assessment of a client 11aboratory on the Departments behalf has provided consultancy to the laboratory or prorrides consultancy to the laboratory during or after the on-she assessment for any matter related to the assessmennt. (3) The Provider shall ensure that none of the assessors It assigns to any on-site assessment of a client laboratory on the Departmerfs behalf is a staff or contract employee of any laboratory certifed by the Department (4) If, prior to an assessment, the Provider cannot assemble an assessment team that has suttfickmt personnel, knowledge, Me, training, quefitications, and personal atfribctes described in this contract to encompass all Fiends of Accreditation for which the laboratory seeks certification or necaerlifwgdon, the Pr+ovi+der shall assess the diem laboratory only for those Fields of Accreditation for li C.a*acta=M Attachment I which Its assessors do have the required knowledge, skills, training, qualifications, and personal attributes. The Provider shall also reveal this limitation to the client laboratory prior to the assessment. (5) The Provider shall notify the ELCP Program Administrator and the client laboratory if not all Fields of Accreditation for which the client laboratory is certified or seeking recertification were assessed during an on-eke assessment. (6) At the closing conference of an assessment, the Provider's assessors may inform the client laboratory of recommendations regarding the potential need for a follow-up assessment, but the Department has the final decision-making authority with regard to any potential enforcement activities, such as follow-up assessments for non-compliance. (7) The Department will, at its discretion, continue to perform assessments of client laboratories for contract oversight, quality assurance, enforcement, assessment backlog reduction and other reasons deemed necessary for the effective operation of the ELOP. 2. Staffing Requirements a. Staffing Levels: The Provider will maintain adequate staffing levels to facilitate provision of the services described under this contract, including technical, administrative, and clerical support. b. Professional Qualifications and Personal Attributes: Assessors employed or contracted by the Provider must meet or exceed the requirements in TNI Standard EL-V2MI-2009 and EL-V2M3-2009 and, if assessing client laboratories certified in the Drinking Water matrix, Chapter 111, Sections 4,11 and 4.2 of EPA's Manual for the Certification of Laboratories Analyzing Drinking Water, Fifth Edition, available at http://Water.eoa.qov/scitectildrinkingwaterliaboarttindex.Gfr,i#two. In addition, the Provider's assessors shall: (1) Be familiar with the relevant regulations, certification procedures, and certification requirements; (2) Have a thorough knowledge of the relevant assessment methods and assessment documents; (3) Be thoroughly familiar with the various forms of records (hardcopy and electronic) used by environmental laboratories; (4) Be thoroughly cognizant of data reporting, analysis, and reduction techniques and procedures; (5) Have a working knowledge and be conversant with the specific tests or types of tests for which the certification is sought and, where relevant, with the associated sampling and preservation procedures; (6) Be able to communicate effectively, both orally and in writing; (7) Exhibit sound judgment and appropriate conduct when performing duties associated with this contract', 12 Contr%t#COP4R Attachment I (8) Sign a sWement before oonrducting an assessment certifying that no comet of merest exists and provide any supporting information as required by the ELCP. Failure to provide this Information makes the proposed assessor lrtellobsle to participate in the asseseftxw t. c. Sting Changes. The Provider must veft any newly hired or contracted assessor's credentials according to criteria described in sections 2.(b) and (e) above and submit such documented verification to the Department's ELCP for approval before the assessor conducts an assessment on behalf of the Department. The Provider must also sLdxM documentation to the Department showing the assessor has experience conducting on-ske laboratory assessments to determine compliance with tine 2003 NELAC standards adopted by reference into the rules contained in Florida Administrative Code Chapter 64E-1 as well as documentation attesting as to whether or not the assessor has ever Investigated by any state or federal Inspectors General or other investigatory entities and indicating Whether the allegations were substantiated. If any assessor or lead assessor under this contract has a diange in circumstance,the Provider must Immediately notify the ELCP In writing_ If necessary,the ELCP may request replsvemenf staff that complies with contract requirements. d. Subcontractors: The Provider is responsible for assuring that all subcontractors and suppliers adhers to the provisions of this contract. The Provider may,only with prior written approval of the Department, enter into written subcontracts for performance of specific services under the contracL 3. Service Location and Times a. Service Delivery Locations: (1) For on-sb assessments: Varies, depending on client laboratory location. (2) For deliverables: Bureau of Public Health Laboratories ELCP, 1217 N.Pearl Stet,JaetesorrAle, FL 32202_ b. Service Times: As determined in advance of the on-site assessment by agreernert between the Provider and client laboratory. c. Changes in Location: The Department shall maintain the right to add or remove seWoe locations as dictated by laboratory certification status. 4. Deliverables a_ Service Units: On-sfte assessments conducted of them laboratories on the Department's behalf. b. Reports: (1) Within 7 business days of a request from the Department, the Provider must supply the Department with any and all materials gathered and used during a labondwy assessment. These materials may Include but are not limited to checIdIsts, correspondence, quality manuals, laboratory data, conflid of interest forms, and confidential business Information forms. (2) The Provider shall submit to the Department an itemized report of recommendations to approve or disapprove the proposed corrective actions within 20 calendar days of receipt of the laboratory's Plans of 13 C.a moact#€:QM Attachment I Correctlon. Any recommendation to reject a laboratory's proposer! Plan of Correction for a specific deficiency must be accompanied by the rationale. (3) The Provider shall Issue on-site assessment reports, including Itemized deiiciencles, to client laboratories within 30 calendar days of the final day of the on-site assessment and send electronic copies simultaneously to the Department. c. Records and Documentation: (1) Upon execution of this contract, the Provider shall submit to the Department the NELAP assessor technologies table, Appendix B, completed to indicate the specific matrices and technologies for which each of the Provider's assessors is qualified to conduct on site assessments on the Department's behalf. (This spreadsheet Is available upon request In MS Excel format from the ELCP.) (2) Upon execution of this contract, the Provider shall submit to the Department any and all SUPS used by the Provider In the cone of any activities pursuant to this contract (3) Upon execution of this contract, the Provider shad submtt to the Department a written attestation as to whether or not any of the Provider's employed or contracted assessors has ever been investigated by the Depastrnent's or by anodes Inspector General and had the allegations substantiated. 5. Performance Specifications a. Outcomes and Outputs: The Provider will achieve a satisfactory or better rating of 95% on timely scheduling and completion of on-site assessments, completeness,thoroughness,and timely submission of deMraables.The Provider must not use unqualified assessors to conduct assessments of client laboratories on the DepartmeWs behalf. b. Monitoring and Evaluation Methodology. The Department shall review and evaluate the Providers performance under the terms of this contract. Monitoring shall be Conducted through direct contact with the Provider and Provider representatives by phone, ennail, writing, review of deliverables and interaction during on-site visits_ As noted In section 13.1.a.(2), Department staff may directly observe and/or participate in an on-site assessment ducted by the Provider. The Department may conduct on-site assessments of client laboratories for the purposes of estimating the efficacy of the Provider's sesessment(s).This includes but Is root limited to timeliness, use of qualified assessors, completeness of assessment, and thoroughness of assessment. Any ilency noted by Department staff and Provider's response shall be used in the evaluation. The Departments determination of acceptable perfo rmanCe shaft to conclusive. c. Performance Definitions: (1) Timeliness: the ability of the Provider to schedule assessments, petform assessment, issue reports, and respond to request within hm the *neframes specified In the contract. (2) Quafified assessor_ an assessor who meets the: professional qualftatiions, personal attributes, and who has the specific knovdadge 14 ContreaKORR Attachment I of the client laboratories'certlfled Fields of Accreditation as specified in this contract.. (3) Completeness. how well the Provider addresses all required elements of the assessment, Including the qualtty system and ticai aspects of the laboratory. (4) Thoroughness: within reasonable time and covet restraints, the depth of detail to which the Providers assesses the laboratory, d_ Performance Fracture Provisions. (1) Should the Provider fall to meet deliverables requirements, use unqualified assessors or otherwise fail to perform assessments according to the term of this contract, 4 will be necessary for the Department to conduct an assessment of the diem laboratory or laboratories affected at no cost to the client laboratory. (2) In this event, the provider shall be liable for all associated costs Incurred by the Department, Including labor and travel expenses. 6. Provider Responsibilities a. Provider Unique Activities. Conduct on-site assessments of client laboratories, induding all necessary pre- and post-assessment activities. These Include, but are not limited to, plan nft scheduling. team assembly, document review, travel to and from the service locations, cheddist preparation and completion, on-site assessment, reporting and corrective action review as described in this contract b. Coordination with Other Providers/Entities:The Provider sly coordinate the assessment with the client laboratory so as to achieve the timefrest and most cost-effective means of service delivery that also meets the needs of the laboratory to maintain compliance with the requirements of the certification issued by the Department. This should be accomplished with reasonably minimal disruption of routine laboratory operates. The Provider may coordinate with other providers as necessary to achieve these goals. i. Department Responsibilities a. DOH Obligations: (1) The Department will maintain and publish,as needed, a registry of providers similarly quaffed under this contract and notify potential client laboratories In a manner so as to allow for timely selection of a Provider or Providers and subsequent completion of a required on-site assessment. (2) The Department will maintain a database and records reWng to the certifications of Client laboraatories. (3) The Department will continue to receive, review and evaluate resins of Proficiency Testing for certified laboratories and to maintain records of the results. (4) The Department wil make orient laboratory-related records available for the Provider to review in preparation for and completion of an assessment. 15 ConaCOP4R Attachment 1 (5) in the interests of laboratory quality improvement and to promote, protect and improve the public health, the Department will provide technical consultation and assistance to certified and a pplicarrt laboratories as well as to the general public upon request (6) The perfonmanoe or noa�peftrmance of any activities in this sub- section shall not affeviate ttra Provider of responsibility under this contract. b. DOH Determinations: (1) The Department will make any and all determinations to grant deny, suspend, reduce, limit or reinstate a dIW laboratory's certification. (2) The Department will be solely responsible for determining whether to subject a client laboratory to administrativae disciplinary action under Chapter 120,Florida Statutes. (3) The Department will determine whether an application may be addressed through a review of documentation in lieu of an additional ore-site assessment and will conduct the review. C. METHOD OF PAYMENT This Is a multi-year no-cost contract.The client laboratory shall pay the Provider in accordanoe with prices and terms agreed upon between the two parties. D. SPECIAL PROVISIONS 1. Renewal: This contract may be renewed for a period that may not exceed 3 years or the term of the original contract, whichever period is longer. The renewal shall be in writing and subject to the same texas and cxsrKlitions set forth in the original contract.The renewal shall be contingent upon satisfactory performance evaluations by the Department. The renewal may not Include any compensation for costs associated with the renewal. 2. Reference. Request for Application (RFA) DOH13-009 and Provider's response am h=porated herein by reference. End of Tent 16 ConhucWCOM Attachment I APPENDIX A 1. Report Header-The laboratory name, physical address and mailing address, Floride certification number. names of the assessment team,assessment dates,and categories wed. Z introduction-A statement that the on-site assessment was performed to determine the laboratory's compliance with chapter 64E-1 FAC. 3. Deficiencies-Refers to the accompanying form referenced In rule 64E 1.104a(4 FAC, currently DH 1137,if any deficiencies that require a Plan of Correction are noted during the on-site assessment. Each deficiency must contain an appropriate cation to the NELAC andlor THI Standard that was violated. 4. Techmfcal DirettorslManagere-We the mama and titles of the Laboratory Director, Technical Direc tor(a),OA Officer,superWsors,etc. S. Comments-Includes in narrative format any of the following that are applicable: a. Information that substantiates,supplements, or augments deficiencies noted on the form referenced In me 64E-1.1 p4(5),FAC, currently DH 1137. b. The Identifier and effective date of the laboratory Quality Manual reviewed (if applicable)during the assessment. c. A plot of all laboratory personnel Interviewed or who particlpated in the assessment. d. Fields of Accreditation that are recommended for certification with regard to any application addressed during the assessment. e. Fields of Accreditation that require initial calibrations,IDOCs, MDLs, or other laboratory date not available during the on-aite assessment, if any,that mast be ;submitted in order to obtain or maintain certification. A reasonable time deadline for compliance should also be specified. f. In the event the laboratory disagrees with the deficiencies of the assessor(a),and the Lead Assessor adheres to Ow original deWwx*s;the deficiencies with which the laboratory takes exception shall be documented and Included In the report. g. Utter comments and technical recommendations that will improve laboratory performance and data quality within the constraints of allowed consultancy and respective of any conflict of interest. h. Obsolete certifications for which the laboratory management may have requested relinquishment, including the effective date. G. Conclusions—Includes recommendations regarding the laboratory's compliance*0 the provisions of chapter 64E-1,FAC. 17 Coet wWCORR Attachment I APPENDIX B 77 '_-z1_._'5"f."" Name or Example Example x x x x x Initiefto ArnpemmeW rdration(e.g., EPA 330.1,SM4500CL D, AMP I SM45000L02 E) AS AIgN SpeWome"Ce-g.,EPA 907.0,NY-W) ASC Als A ScintilMon Cell Counter(e.a.,EPA 903.1) Anodic Stripping VobmrMry(e.g, PallrdW 1001, EPA ASV 7472) AUTO Auto AnWvm(e.g.,EPA 353.2,SM4500NO3-F) BETA Bets SpectromebY(e.g..EPA 900-0) BeiwGarrumra Coincidence Scintillation Counter(e.g., BGCS EPA 902.0) Calorimetric or Thermometric(e.g.EPA 1010, I SM26609) COND ConducW=fq&,EPA 120.1,%W1013) COUL Coulonveiric-ntraow(e.g.,EPA 2076,9000) Atomic Absorption-Cold Vapor SpeWometry(e-g., EPA CVAAS 245.1.810311213) AWft Fluorescence-Cod Vapor Spectrometry(e.g., CVAFS EPA 1631 E) Atomic Emission-Direct Currerd Plasma SPecbwv-" DCP-AES *q..ASTM D4190-94) DPP Differential Pulse PaWroMphy(e.g., EPA 7198 Atomic Absorption-Flame Specimmetry(e.g.. FAAS SM311 IS) Atomic Em"lon-Flame Spectrometry(e.g., FAES SM3500Na P) Uftmviolet or Visible Molecular Fluorescence FLUOR S pectrometry(e.g.,EPA 445.0.M.I I GALV GaWrde Probe(e.g-, EPA 405.1,SM521 OB,SM271 08) Gas Chromatography-EWJw Capture WeCtk)n(e.g-, GC-ECD EPA 608,8081) GC- Gas Chronia"Why-PhaloionizatiaiJFlame ionization PID/F11) Dekcdw g.,MANN) Gas Chromatography-EledroW CondudW GC-ELCD Detecdon Leg., EPA 601) GC- Gas Chromatography-Electr tic ELCDRnD conducuwRy/photoiorizalion Debwdw (eg-,8021) Gas Chromatography-Flame lonizaW DeiKbOn(e.g., GC-FID EPA 8016 8100) Gas Chromatography-Ram Photometric Detection GC-FPD (e.g.,EPA822,8141) Gas Chromatography-Fourier Transform Infrared OC-FTIR Spectrometry(u.,EPA$4191 GC- Gas Chromatography-Maw Spectrometry-High HRMS Resolution a EPA 1513) Gas Chromatography-Mass Spectrometry(e.g-, EPA GC-MS j MS.8270) 18 ContudCONR Attachment I APPENDIX B 7 Ti �T Q= 7ttGC— MS-MS Ow ChrommoaN!ly-Tandem Mass Spectrometry Gas Chromatography-Wrogenfflhosphonm Detection GC-NPD (eq., EPA 607,8070) Gas Chromatography-Photolonization DeWclion(e.g., GC-PIQ EPA SO Atomic Abwwft-Graphite Fumwe Spectrometry OFAAS (e.%,SM31138.EPA 200.9) GRAY GmvimeW fe&.SM2640C,EPA I§M Gamms Spectrometry-High Resolution(eg., EPA GS-HR 901.1 Gamma Spectrometry-Low Resolution (e.g,, EPA GS-LR . 901.0) Atomic Absorption-Hydride Generation Spectrometry HGAAS (e.g, SW1 146) HPLC_ Mgh Performance Liquid ChromaftViraphy- ELEC Seeboasm;cal(e.g., EPA OW HPLC- High Perkwmance Liquid Chromatography- FLUOR UltrsvkWVisible Molecular Fluorescence High Performance Liquid Chromatography-Infrared HPLC4R Molecular Absor Asion HPLC- High Performance Liquid Chromatography-Mass PSMS specwOmeby-particle BOOM HPLC_ High Performance Liquid ChromatVaphy-Mass TSMS Soacbrametry-ThermaWay HPLC­ High Performance Liquid Chmmalography-Tandem IVIS-US Mass SpectrpmeW High Performance Liquid Chromatography- HPLC4N UltravioletIftble Molecular Abgwp!!2n ton Chromatography-ElectraconducMy(e.g., EPA IC-COND 300.0,014.0) Ion Chromatography-Mass Spectrometry(e.g., EPA IC-MS 331.0) IC— MS-MS Ion Chrome togmphy-Tandem Mass Spectrometry Ion Chromatography-UV(eg.,EPA 71199,SM35WCr 1G_UV 0) Atomic Emission-Inductively Coupled Plasma ICP-AES— Spectrometry(ag-,FIRA200.7.W10) Man Spectrometry-Inductively Coupled Plasma(e.g., ICP-W EPA 200.8,6020) -_ I Ion Selective Electrode 4e g.,SM400H+8,S"OOF- WE C) IMAM Immuncessay(eg.,EPA 4000-series methods) IR Infrared Spectrometry(e.g.,EPA 41 S.I,SM55W JQ LSC Liquid Scintillation Counter fe,g., EPA 906.0) LP Low Phos orknatry e.g-,ASTM D5174-97) NAA Neutron Activation Analysis(9,a..EPA OW) PC PtoporOwal Counter(e.g..EPA 900.0.W3.0,9D4.0) 19 Cm=t#COP4R Attachment I APPENDIX S '00h 'NI?WI! =13T,µ AEA `-e PCM Phew Contrast Mkmnwipy(e.g.,for AWbome Asbestos MispOleoeous Physical Properties(e.g., EPA 1030, sm.SM2180e) PLM Polerted Light Mim=mupy(eg.,for Bulk Asbestos) POL PohrograpWic,Probe SENT S=rdnQ Electron Mic=copy Transminion Electron Microscopy(e.g.,EPA 100.1. TEM 100.2) TrrR Fi6;Wy-Youal Indicator(,W4500Cl-S.SM23=) Total Organic Carbon-Flame Ionization Detector(e.g., TOC-FID SM5310C) Total OqWic Carbon-Nondispersive Infrared Detector TOC-IIR (e.g.,SM5310B) TOC,UV— Total Organic Carbon-UV TURB Turbft(wg,. EPA 160.1.SM21306 Total Organic Halide(*to CWmetft TilrefiDn with TOX EPA 1650.9020?) Ultraviolet or Wible Molecular Absorption Spectrometry UV-VIS (e.s.EPA 420.1) X-Ray Fluorescence Spectrometry(e.g., EPA 6200, XRF 9075) XRT X-Ray TRn�ssion ftectromstry Other Other(SPECIFY. CI`-tit. ChromoGuorosierk-Quoin bm*g.,SMW223BIP:N Chronx6torogenic-Quantitative(e.g., CF-QN COLISUREMIRN) ChromogenWMPN-Quantitative(e.g.,SINIMMIM13N C-QN Tot,Co*"n) arornowb'Quantitray(e.g., SM9223BMANTITRAY C-OT-ON Tot.CoRbw) FS-LE-QL Fermentation Broth-Qualitative feq.,SM9221 8) FS-1PAE- OL Fermentation BroM(PA)-Qualtative(e.g.,SM9221 D) FB-PAF- OL Fermeniatim Broth(PA)+Fluoronenio-Qualitative Fermetatim Broth+Rjorogerdc-Quantitative(eg.. F&F-ON SM9221F) Fermentation Broth-Quantitative(eg.,SM9221 E, F84N SM9230M FB-A1- QM Fermentatim Bradt(A-1)-Quantitative U. SM221 E) FFIFV FlItriftlonlFMA4WAAAability(e- EPA IRM F-HPC- ON Fkwnm en'v(HpC)-Quantum a. . simplate) FWMeniwWPN-Quantitative(e.g., F-ON SM9223BIQUANTITRAY E.coll) 20 ConuwMMP4R Attachment I APPENDIX B Tel :. T NPW� �uCald:: .BTU AE;' 8 a F-QT-ON F en e. .,EntemW MF-QL Membrane Filtration-QualliitaWe e. . SM92228 MF-E-QL Membrane FiWon+Ferment$Non Broth-Qual tadive MF-ON Membrane f 11trafion-Quanttiafive(e.g., SM9222D MF-28- Membrane FilW ion(2-Step)-Quantitative(e.g., ON SM22C) MF-MEl- Membrane Filtradw(m-El)-Quantitative(e.g.,EPA ON 1600 Membrane Filtration#luorugenic-Quaritative(e.9., MF-F-QL NA+MUG Membrane Filtratleon+Fluoroflenic-Quantitative(Mg.. MF-F-QN EPA 1804 MF- MTEC- Membrane Fittradon(m TEC)-Quantiidative(e.g.,EPA ON 1603 PQ-2S- QN Plaque Coun 2-5t -Quantitative e. ., EPA 1601 P"L- plaque Counts(S"le Layer)-QuwMative(e.g.,EPA ON 1602 PP-QN Pour Piste-QuantUtive e. .,SMI92168 SP-QN Spread Ptabe-Quantitative(e.g,SM9216C MTax ToxftAy Te ' Acute and Chronic Membrane Filtratlon+Fermentatlon BrM-Quantitative MF-E-QN e. .,SM9230C Femw t doon Bmth+Flucrogenic-Quaf Ive(e.g., FS-F-QL EC+MUG 'acid initals key at bottom of table DW=Drinking Water matrix NPW=Non-Potable Water matrix SCM=SoRds and Chemical Matefts matrix BT a Biological 7-mues nwtrix AE=Air and Emissions matrix 21 GrnmzcWCOP4R STATE OF FLORIDA DEPARTMENT OF HEALTH CONTRACT RENEWAL#R1 ORIGINAL CONTRACT#COP4R This renewal,is entered into between the State of Florida, Department of Health,hereinafter referred to as the"Department"and Wade Consulting and Solutions,hereinafter referred to as "Providei'. The Department is exercising Its option to renew this contract as mutually agreed to by both parties beginning on July 1,2016 and ending on June 30,2019. All terms and conditions of the contract as amended remain In force and effect for this renewal. IN WITNESS WHEREOF,the parties have executed this renewal by their undersigned officials as duly authorized. Provider: Wade Consulting and STATE OF FLORIDA Solutions DEPARTMENT OF-HEALTH SIGNED By.,-frl At, SIGNED BY. NAM: h L AtJc-.8-e NAME:Carina BlaAm9M. LVM. PhD.Phol ACVPM TITLE: T, tat', Da firTITLE:Aclina.Director,Division of I Disease Control and Health Protection DATE:_ DATE: U1�61(1 FEDERAL ID NUMBER: 11�Ci 5V I —ade.Consulting and Soitilicins-1 STATE OF FLORIDA DEPARTMENT CF HEALTH AMENDMENT #A-2 This amendment,_ entered into between the State of Florida, Department of Health, hereinafter referred to as the`Department and Wade Consulting and Solutions. hereinafter referred 40 as `Provider'', arnends contrac'#COP4R. The Depailmant and Provider amend this contract to clarify the pertict.sl responsibilities going 1 Pages 7 through 16, Attachment I., are deleted in their entirety and replaced WM revised Attachment I. 2. Page 17, Appendix A to Attachment If, is deleted in its ent.,reiy and replaced with the revised Appendix A to Attachment 1. Rages 18 through 21,Appendix B to Attachment 1, are deleted in their entirety and replace with the revised Appendix S to Attachment 1. 4. This anlen-drnent 10/ill begin on the date the amendment has been signed by both parties, All provisions in the contract and any attachments ',hereto in conflict with this amendment shall be and are hereby changed to conform with this arnendrric-nt. All vrovisions not in conflict with this amendment are still in effect and are.,to be performed at the ievet specif.ipd In the contract. T his amendment and all its attachments are hereby made a part of the contract. IN TILESS THEREOF, the parties hereto hvde caused this 15 page amendment to be executed by their officials thereunto duly authorized, Vs-ovider- STATE OF FLORIDA DEPARTMENT OF ' H E�A LTH 1 � f )SIGNED BYJ� 117 : t,W NAPAE: Michelle L. Wade NAME: Carina Blackmore, DVM. Ph.D.. UPI &C_V F-'M TITLE: Princip:al Consultant TITLE:Acting Director, Division of Disease Control end Health protectinr, DAI*E: DATE., )t jr-5/16 FEDERAL ID NUMBER: (AM14K Attachment I A. SERVICES TO BE PROVIDED 1. Definition of Terms a. Accreditation:Thi(d-party attestation related to an environmental testing laboratory conveying formal demonstration of its competence to carry out specific tasks related to the conduct of the testing for which the laboratory holds certification. Also, the process by which an agency or organization evaluates and recognizes a laboratory as meeting certain predetermined qualifications or standards. b. Accreditation Body: Authoritative body that performs accreditation or certification of environmental testing laboratories. In the state of Florida,the Department is the accreditation body. c. Anslyte:A substance,organism,physical parameter or chemical constituent that is being measured with a method, and In this context,for which certification is offered. d. Application: Form DH 1762,'Application for Certification of Environmental Testing Laboratories,"July 2004 adopted by reference in 64E-1.102(1), Florida Administrative Code. Application form and 64E-1: Ntiq:iM".doh.state.f.w iab1EnvLabCer�rt.h m e. Assessment: Pursuant to Florida Administrative Code Rule 64E-1.104, a complete and detailed inspection that Is conducted on-site at the laboratory's premises where environmental testing takes place. It Is the same as the term'on- site inspection"as specified in Florida Administrative Code Rule 64E-1.104 f. Assessor. Person assigned by or on behalf of an accreditation body-to perform, alone or as part of an assessment team, an assessment of a laboratory to determine its capability and capacity for meeting certification or accreditation requirements by examining the records and other physical evidence for each one of the Fields of Accreditation for which certification has been requested or held. g. Certification: Regulatory recognition given to a laboratory that mesas minimum duality and analytical performance standards pursuant to Florida AdministratNe Code Rule 64E 1.162. h. Deficiency:An assessment conclusion referenced to a laboratory certification standard and supported by objective evidence that identifies a deviation from a laboratory certifcationt standard requirement, i. Fields of Accreditation:Those Matrix-Method Analyte combinations for which the Department offers certification and by which laboratories are certified. j. Matrix:The substrate of a test sample further defined in this contextt for certification purposes as: 1) Air and Emissions Matrix:whole gas or vapor samples including those contained In flexible or rigid wall containers and the extracted 7 COW Attachment I concentrated analytes of interest from a gas or vapor that are collected with a sorbent tube,impinger solution,filter, or other device. 2) Biological Tissue Matrix;any sample of a biological origin such as fish tissue,shellfish, or plant matenai. Such samples must be groupeo according to origin. 3) Drinking Water Matrix: any aqueous sample that has been designated a potable or potential potable water source. 4) Non-PotsNe Water Matrix*any aqueous sample excluded from the definition of Drinking Water matrix. This includes source water, groundwater, effluents,water treatment chemicals, and Toxicity Characteristic Leaching Procedure-(TCLP)or other extracts. 5) Solid and Chemical Materials Matrix: includes soils, sediments, sludges, products and by-products of an industrial process that results in a matrix not previously defined. k. Method:An adoption of a scientific technique for performing a speei+C measurement,as documented in a laboratory SOP or as published by a recognized authority or a body of procedures and techniques for performing an ac My(e.g., sampling,chemical analysis,quantification),systematically presented in the order in which they are to be executed,and in this context,for which certification Is offered. I. Plan of Correction.The actions taken to eliminate the causes of an existing deficiency, nonconformity.defect or other undesirable situation in order to prevent recurrence. Proposed Plans of Correction are submitted by client laboratories in response to deficiencies cited during an assessment on Form DN 1137, referenced in Florida Administrative Code Rule 64E-1.104(5). m. Standard Operating Procedure(SOP):A written document which details the method of an operation, analysis or action whose techniques and procedures are thoroughly prescribed and which is accepted as the method for performing certain routine or repetitive tasks. 2. General Ski ement The Department's Environmental Laboratory Certification Program(ELCP)certifies competent and qualified drinking water and environmental testing laboratories. A major component of this process is the assessment of laboratory facilities, management, personnel, quality systems and analytical activities actor ding to applicable statutes, rules and national accreditation standards using technically qualified assessors. This contract provides for assessments of environmental testing laboratories seeking and maintaining certification by the Department for determining the laboratories' compliance vkh applicable lays and regulations. a. g oft: Sections 403.0625,403.663 and 403.6635. Florida Stat dw, Florida Administrative Code Chapter 64E-1;and Title 40 Code of Federal Regulations, Parts '141 and 142. S COMB Attachment I b_ CCl1 l3 211gIbilit :The Department retains the authority and right to determine the eligibility of laboratories to be assessed based on current certification and compliance status. c. Client Detarmination: The Department's ELCP will periodically notify cunt laboratories when an assessment is due. to general, this notification will be 18 months after the last full assessment was completed. Florida Administrative Code Rule 64E-1.104 specifies that an assessment must be conducted at least every two years, and this schedule will be used. 8. MANNER AND LOCATION OF SERVICE PROVISION 1. S;M of f&lork: Provider will provide assessments of environmental testing laboratories seeking and maintaining certification by the Department for determining the laboratories'compliance with applicable laws and regulations. a. Tea ist: Provider will perform the following: 1) Complete and submit to the Department the national Environmental Laboratory Accreditation Program (NELAP) assessor technologies table, attached as Appendix B, to indicate the specific matrices and technologies for which each of Provider's assessors is qualified to conduct assessments on the Department's behalf. (Blank copies of Appendix B are available upon request from dte Department.) Die to the Department upon execution of the contract. 2) Submit all SOPS applicable to Provider's performance under ttt:-s contract to the Department upon execution of the contract 3) Submit a written attestation that none of Provider's employed or contracted assessors who will work on this contract, are or have been investigated by s state or federal inspector general within tF.e last seven years. Due to the Department upon execution of the contract and July 1 each year of the contract. 4) update the NELAP assessor technologies table, if Provider needs to include additional qualifications for its assessors or to include additional assessors. Submit to the Department all training course materials used to quafify the assessor for each additional technology updated. Ensure no assessor is assigned to conduct any assessment for an additional technology until the Department ELCP approves the training course materials and the assessor for the additional technology. Include all of the following training course material elements for Department approval. 8) Basic theoretical and operating principles of the analytical technology: b) Instrumentation, apparatus, and software required: 9 CORR Attachment I c) Critical steps and processes of the analytical technology that must be executed to ensure quality data; d) Relevant quality control indicators and expectea acceptance criteria; e) Major sources of error, and how to control them; 0 Inappropriate procedures and practices for the analytical technology, plus ways to detect improper practices; g) Key information required to document compietely the reported results; h) Essential elements for assessing data generated; i) Exercises in the evaluation of raw data to reported results: j) Final examination that ensures trainee's understanding of all the above elements;and, k) Certificate of satisfactory completion signed by the trainer or other responsible party. 5) Review applications assigned to it by the Department to include in the upcoming assessment of a client laboratory that selects Provider. Review the client laboratory's scope of certification provided by the Department,for acxredited and pending anatytes and test methods, in order to determine assessment needs in terms of the number of assessors needed and the time needed off-site and on-site at the clier=t laboratory to conduct the assessment completely. 8) Evaluate and increase if needed the previously determined assessment needs appropriately if Provider intends to address applications assigned or submitted after the date of scheduling the assessment. Contact the Department to verify the eligibility of the application for inclusion in the assessment. Ensure that assessments for any additional certifications conducted by Provider of the client laboratory do not compromise the assessment team composition or the number of workdays required to assess the laboratory's existing certit3ed Fields of Accreditation comprehensively. 7) Utilize an appropriate assessment team for the size of the client laboratory to be assessed. The team must include the following: a) A quardied lead assessor, and, b) May include additional qualified assessors,technical specialists,and observers if authorized by the client 10 COMB Attachment I laboratory to ensure the assessment team has sufficient personnel,knowledge,skills, training,qualifications. personal attributes,and sufficient organizational authority and freedom to perform assigned duties. fi) Permit designated Department staff to participate in or observe any assessment performed. 9) Submit a written statement before conducting an assessment certifying that no conflict of interest exists between Provider and any of the assessors to be included in an assessment and the client laboratory. Provide any supporting Information as required by the Department on any potential conflict of interests Failure to provide this information makes the proposed assessor ineligible to participate in the assessment The written statement must include that: a) dune of the assigned assessors have provider!, provides, or will provide consultancy to the client laboratory before, during,or after the assessment for any matter related to the assessment;and, b) None of the assigned assessors is a staff or contract employee of any laboratory certified by the Department through the ELCP. 10) Notify the Department within one business day if any assessor or lead assessor under this contract has a-change in his or her status as it pertains to a potential conflict of interest as stated herein. Immediately have that assessor stop performance under this contract until the Department provides written guidance on how to proceed. 11) Schedule an assessment with the client laboratory within 16 calendar days after receiving notification from the client laboratory that Provider has been selected to perform the assessment for compliance with the requirements of the client laboratory's certification. Coordinate the assessment with the client laboratory to maintain compliance with the requirements of the certification issued by the Department and to conduct the assessment with reasonably minimal disruption of routine laboratory operations. 12) Notify the Department when an assessment is scheduled at the same time that the client laboratory is notified Conduct the assessment at least 60 days after the date of scheduWV. 13) Conduct assessments .of client laboratories for the Fields of Accreditation on their scopes of certification and in the applications to determine compliance with the applicable provisions of Florida Administrative Code Chapter ME.1. Erasure each assessment: li COW Attachment I a) Encompasses all Fields of Accreditation for which the client laboratory seeks initial aertific allon or recertification;and, bt Mondors.and evaluates all elements of the methods, NELAC and TNI Standards, for each quality system matrix,test method,and analyte. Ensure this Includes, but is not llmfted to sample collection,preparation, equipment,analysis,reporting,quality control, and proficiency testing. 14) Prepare and issue an assessment report for each client laboratory documenting any and all deficiencies discovered during the assessment and linking by reference each of these deficiencies directly to the NELAC and TNI Standards as incorporated into Florida Administrative Code Rule 64E•1. Cite deficiencies for the client taboratory's failure to follow certified test method specifications and link to the applicable NELAC and TNI Standard as well as to the applicable test method specifications. Use the form specified in Florida Administrative Code Rule 64E-1.104(6)for documenting the deficiencies In the assessment report. Ensure each deficiency in the assessment deport pertains to the requirements given in NELAC and TNI Standards as incorporated into Florida Administrative Code Rule 64E•1. Include the applicable elements listed in Appendix A in the assessment report. 15) Include in the assessment report, and notify the ELCP Program Administrator and the client laboratory in writing, if not all Fields of Accreditation for which the ellant laboratory is certified or see:lting recertification were able to be assessed during an assessment, 16) Supply the Department with any and all materials gathered and used during an assessment,within,seven business days of a request by the Department. Ensure these materials may Include,but are not limited to checklists,correspondence:quality manuals,laboratory data,conflict of interest forms;and confidential business information forms. 17) Issue assessment reports.including itemized deficiencies,to client laboratories within 30 calendar days of the finial day of the on-site assessment and send electronic copies simultaneously to the Department. 18) instruct the client laboratory assessed to respond, using the form sped led by Florida Administrative Code Rule 84E-1.104, within 30 calendar days of its receipt of the assessment report by submitting a proposed Plan of Correction and completion date, for each deficiency Identified in the assessment report. 19) Review the client laboratory's proposed corrective actions and completion dates, and make written recommendations to the Department as to whether the proposed Plant of Correction will correct each deficiency. lz COM Attachment 1 20) Submit the itemized report of recommendations to the Department for approval along with final certification recommendations, within 30 calendar days of receipt of the laboratory's Plans of Correction,or within one business day of receiving payment from the client laboratory: whichever comes later. Accompany any recommendation to reject a laboratory's proposed Plan of Correction for a specific defrciency with the written rationale for the rejection. 21) Ensure that assessors are available,at no cost to the Department, whenever internal audits, external audits, legal matters, or resolutions of other disputes require their presence. 2. Staffing Requirements: a. Staffing Levels: Provider will maintain adequate staffing levels to facilitate provision of the services described under this contract. including technical, administrative,and clerical support. Provider will ensure that all employed or contracted assessors are not under investigation or have been investigated within the last seven years by a state or federal inspector general. b. Professional Quaii ications and Personal Attributes: Assessors employed or contracted by Provider must meet or exceed the requirements in TNI Standard EL-V21V11 2009 and EL-V21V13-2009 and, if assessing client laboratories certified In the Drinking Water matrix, Chapter III,Sections 4.1 and 4.2 of the United States Environmental Protection Agency's (EPA)Manual for the Certification of Laboratories Analyzing Drinking Water, Fifth Edition, available at htt :M ater,eaa.gtiv/scitechldda it watertlabcertfindex.cfm#two. c. Staffing Changes: Provider must verify any newly hired or contracted assessor's credentials according to criteria described in sections 2.(b) above and submit such documented verification to the Department for approval before the assessor conducts an assessment on behalf of the Department. d. Subcontractors: Provider is responsible for assuring that all subcontractors and suppliers adhere to the provisions of this contract. Provider may,only with pnor written approval of the Department,enter into written subcontracts for performance of specific services under the contract. 3. Service Location and Times: a Service Delivery Locations: For assessments:Varies, depending on client laboratory location. b. Service Times: As determined in advance of the assessment by agreement between Provider and the client laboratory. 4. Department Responsibilities: The Department will perform the foltoimng throughout the term of this contract: 33 COM Attachment l a. Maintain and publish,a registry of entities qualified to perform assessments and notify potential client laboratories In a manner so as to allow for timely completion of a required assessment. b. Maintain a database and records relating to the certifications of client laboratories. a. Continue to receive, review, and evaluate results of Proficiency Testing for certified laboratories and to maintain records of the results d. Make client laboratory-related records available for Provider to review in preparation for and completion of an assessment. e. Provide technical and general assistance to laboratories,and the public, In the interests of laboratory quality improvement and to promoter protect and improve the public health. ' f. Review and evaluate Provider's recommendations for additional laboratory certification when the application and required fee are received and processed less than 30 calendar days prior to Provider's assessment dates. g. Evaluate all training course materials used to qualify additional technology updates for assessors. h. Determine whether an application may be addressed through a review of documentation in lieu of an additional assessment and will conduct that review. I. Make any and all determinations to grant deny,suspend, reduce,limit or reinstate a client laboratory's certification. Solely responsible for determining whether to subject a client laboratory to administrative disciplinary action under Chapter 120, Florida Statutes. C. METHOD OF PAYMENT" This Is a multi-year no-cost contract. The client laboratory will pay Provider in accordance with prices and terms agreed upon between Provider and the client laboratory. D. SPECIAL PROVISIONS 1. Renewal: This contract may be renewed for a period that may not exceed three years or the term of the original contract,whichever period is longer. The renewal must be in writing and sukect to the saute terms and conditions set forth in the original contract. The rerlwwal will be contingent upon satisfactory performance evaluations by the Department. The renewal must not include any compensation for costs associated with the renewal, 2. Reference:Request for Application(fRFA)DOM 13-009 and Provider's response are incorporated herein by reference. ld GOM No Text Attachment i APPENDIX A 1. Report Header-The laboratory name, physical address and mailing address, Florida certification number, names of the assessment team, assessment dates, and categories assessed. 2. introduction-A statement that the cry-site assessment was performed to determine the laboratory's compliance with chapter 64E-1 FAC. 3. Deficiencies-Refers to the accompanying form referenced in rule 64E-1.104(5), FAC, currently DH 1137,If any deficiencies that require a Flan of Correction are noted during the on-site assessment. Each deficiency must contain an appropriate citation to the NEIAC and/or TNl Standard that was violated. 4. Technical DirectorsiManagers-lists the names and titles of the laboratory Director. Technical Director(s),QA Officer, supervisors,etc. 5. Comments-Includes in narrative format arty of the following that are applicable: a. information that substantiates, supplements, or augments deficiencies noted on the form referenced in rule 64E-1.104(5), FAC,currently DH 1137. b. The identifier and effective date of the laboratory Quality Manuel reviewed(if applicable)during the assessment. c. A list of all laboratory personnel interviewed or who participated in the assessment. d. Fields of Accreditatlon that are recommended for certification with regard to any application addressed during the assessment. e. Fields of Accreditation that require initial calibrations, IDOCs, MDLs, or other laboratory data not available during the on-site assessment.if any,that must be submitted in order to obtain or maintain certification. A reasonable time deadline for compliance should also be specified. f. In the event the laboratory disagrees with the deficiencies of the assessor(s), and the Lead Assessor adheres to the original deficiencies;the deficiencies with which the laboratory takes exception shall be documented and included in the report. g. Other comments and technical recommendations that will improve laboratory performance and data quality within the constraints of allowed consultancy and respective of any conflict of interest. h. Obsolete certifications for which the laboratory management may have requested relinquishment,including the effective date. 6. Conclusions—includes recommendations regarding the laboratory's compliance with the provisions of chapter 64E-1.FAC. 16 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) 768-06850 OR AT lmmilliamst�teauesta.oM, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. \^ICONSULTING AND SOLUTIONS Phone 913.449.5223 • Email:info@MichelleFromKS.com • www.MiclielleFromKS.com Laboratory Name: Village of Teduesta Laboratory FL ID#: E56679 Estimated Hours Quote Preassessment: 2 Cost/Hour: $50.00 Total: $100.00 Travel: 8 Cost/Hour: $25.00 Total: $200.00 On-Site: 4 Cost/Hour: $125.00 Total: $500.00 Report: 2 Cost/Hour: $50.00 Total: $100.00 Corrective Action ? Cost/Hour: $50.00 Total: $100.00 Review: Total: $1,000.00 Estimated Travel Mileage: 100 0.55 Total: $55.00 Airfare: $575.00 Total: $575.00 Baggage Fees na Total: na Car Rental: $125.00 Total: $125.00 Hotel: #days: 1 j Rate/Day $175.00 Total: $175.00 Per Diem: #days: 1.5 Rate/Day 1 $80.00 Total: $120.00 Incidentals: (Tips/Tolls/Internet Access/parking) Total: $100.00 Total: $1,150.00 Final Estimate Total: $2,150.00 Quote prepared by Michelle L. Wade 5-30-17 • i SOLUTIONS Phonc: 913.449.5223 • Email: info@MichellcFromKS.com • tivww.MichcllcFromKS.com CONFLICT OF INTEREST STATEMENT I/We the undersigned Laboratory Assessment Team hereby affirm that a conflict of interest does not exist, neither past nor present, between the Laboratory Evaluation Team and /or its employees and Village of Teguesta Water Treatment Facility. This affirmation is true and correct to the best of my/our luiowledge, information, and belief. Print name Signature Date Michelle L. Wade 4,&416 oC W4 06/30/2017 Welk Scott I091"lop: Gvv ,f To protect,promote&improve the health of at people in Florida through integrated John N.Armstrong,MD, FAC-6 '$rota,cormly 0,community efforts. HMTH State SVfgeOfr General&SBCretaty Vision:To be the Heafthipst Stele in the Nation September 3, 2013 Michelle L. Wade Principal Consultant Wade Consulting &Solutions 990 E 1587 Rd. Lawrence, KS 66046 Re: Contract CONS Ms. Wade, Please see for your records, the enclosed signed original contract CONS. The document was executed by Victor Johnson, our Division Director of Emergency Preparedness and Community Support on August 23, 2013, The Bureau of Laboratories looks forward to our collaborative efforts on this important initiative. If you have not already completed the deliverables specified in the contract, please submit_ The contract can't be implemented until they have been received, if you have any questions please contact Steve Arms at 904-791-1562 or Steve—Arms a@doh.state.fl.us. Sincerely, T ; Regina Taylor Administrative Service Director Florida Department of Health wrwv.FlorrdazNeakh cc m O yNon d Emergency Preparedness&Camnxrnity Support TWIT EP HeaflhyFLA Bureau of Public Health Uboratodes,Jxkeonville FACEBOOK-PLDeprtmentmtlealth 1217 N Peed Street-Jeclimmville,FL 32202-3926 YOUTUBE:fldah PHONE 90d(;91.1500•FAX 904(791-1567 Rick Scott Mission: Gomor To pmk-ct.promote&improve he headh of all people in Florida Uvcugh integrated ��— y I state,county f cmmmwnityr Efcr15 .John H.Armatrang,MD,FAGS i1MTH State Surgerm General&Sarretary YJslon:To to the Heabliest Stato in the Nation July 11, 2013 To whom it may concern, While I am out on medical leave, Carol Brazet has nay authorization to certify, sign and submit contract invoices for payment, to ensure our obligations remain current until my return. Regina T ylor Administrative Service Director RTlcb cc: Susanne Crowe, MHA, Laboratory Director Marie-Claire Rowlinson, PhD, (ABMM) Assistant Laboratory Director Florida Dopartmont of Hg;mith +++•FlorldasM•:rth-eom IFYgim of Emergency Preparsdrom&Gamnxrnity Support Bureau of Public.Health Laboratories,Jortanvllle TWITTEtnent MEafth t_171d Pearl Shed•Jacfsonv&,F!.32292-19216 FACE90QK:FLDeparUTUB:ffcfoh PHONE 9041791-1500•FAX*401-1567 YOUTLBE:Bdoh Rick Scott Mission: Gove"Ya To protad,pronvie&Improve ft he-tlh r;t all people in FkAda Ihrcgjh integrated — John N.Armstrong,MO,FAt* stm,munry 8 GOmrnunity eHarts. H F `e �L Sidte Surgeon Genaral d Secretary Vision:To be the Healthiest State in Use Nation July 91, 2013 To whom it may concern, While I am Out on medical leave, Carol Brazet has my authorization to certify, sign and submit contract invoices for payment, to ensure our obligations remain current until my return. Regina 17y�l ar Administrative Service Director RTlcb cc: Susanne Crowe, MHA, Laboratory Director Marie-Claire Rowfinson, PhD, (ABNIM)Assistant Laboratory Director Flor$da Department of Haalth www.FloridaaHealth.com Division of Emffgoncy PrEparedness&arnmunity Supprxt TINlTTER:HeaflhyFLA Bureau of Public HlealUr Laboratories Ja&sanviUa FACf;EOOK:FLDeparVwntofHealth 1.t;N Pead street•Jaduonv*,FL 32202-39H rCH-F UBE:ildoh PHOINE 904ug 1-r KO-FAX 9041191-15E7