DEP CONTRACT NO. BS033

AMENDMENT NO. 1

THIS CONTRACT as entered Into on the 2811 day of August, 2014, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the 10epartmenf1 and SANTA CRUZ CONSTRUCTION, INC (hereinafter referred to as the ·contractor') is hereby amended.

In order to correct a clerical error In the paragraph following Paragraph 5 identified as Paragraph 1. Payment Method, the paragraph number Is hereby revised to Paragraph 6. Payment Method.

Paragraph _6. B. is hereby deleted in its entirety and replaced with the following:

The Department shall Issue Task Assignment Notification Forms and Task Assignment Change Order Forms to the Contractor for the products a,d services to be provided under this Contract in accordance with the Department's delegation of authority.

Paragraph 8 is hereby deleted in its entirety and replaced with the following:

Notice. All notices and written communication between the parties shall be sent by electronic mail, U.S. Mall, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient at the following addresses:

Contractor Santa Cruz Construction, Inc.

Attn: Lance Rodriguez 4205 N. Courtenay Parkway Merritt Island, Florida 32953 scci@santacruzconstructlon.com

Department Department of Environmental Protection Beaches and Mines Funding Assistance Attn: Marisa Rhian 2600 Blair Stone Road, MS# 3554 Marisa.Rhian@dep.state.fl.us

Paragraph 9 is hereby deleted in its entirety and replaced with the foUowing:

Identification of Contract Managers. The Departmenfs Contract Manager for administrative matters is Marisa Rhian, Phone 863-578-1145. The Contractor's Contract Manager is Lance Rodriguez, Phone 321-452-3190. All mattera shall be directed to the Contract Managers for appropriate action or disposition.

Paragraph 17 is hereby deleted in its entirety and replaced with the following:

Dispute Resolution. Any dispute concerning perfonna,ce of the Contra:t shall be decided as follows:

A. All claims or disputes (Claims) must be presented to the Department in writilg within ttirty (30) days of the date such Claim arises (Notice of Dispute). The Notice of Dispute shall set out in detail all aspects of the disputed matters to be resolved, including the ·speclflc relief sought by the Contractor. Claims not presented by Notice of Dispute to Contract Manager shall be deemed waived by the Contractor.

B. The parties shall make a good faith attempt to resolve Claims which may arise from time to time by informal conference within ten (10) days of the Notice of Dispute.

C. Within ten (10) days of the informal conference; the Department shall provide Contractor a detailed written response to the Claim: A formal conference of the parties shall be convened no later than thirty (30) days following the

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D. Department's response to the Notice of Dispute, unless the parties mutually agree in writing to a longer period of time within which to schedule a formal conference.

1) All persons necessary to resolution of the claim or disputed matter shall attend the formal conference.

2) Minutes of the formal conference shall be taken, recorded, transcribed, and signed by the Department and the Contractor. Any terms of settlement and/or resolution reached shall be signed by all persons authorized to resolve the Claim.

E. Either party may request mediation of unresolved Claims, with the party seeking mediation to bear the expense of mediation.

F. Any Claim not resolved at formal conference or mediation, may be the subject of a complaint filed in a court of competent jurisdiction in Leon County, Florida.

Paragraph 18 is hereby deleted in its entirety and replaced with the followilg:

Public Records.

A. Contractor shall comply with Florida Publk: Records law under Chapter 119, F.S. Records made or received in conjunction with this Contract are public records under Florida law, as defined in Section 119.011 (12), F .S. Contractor shall keep and maintain public records required by the Department to perform the services under this Contract.

8. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Contractor in conjunction with this Contract and subjectto disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution.

C. If Contractor meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; ~.e., an indiV1dual, partnership, corporation, or business entity that enters into a contract for services with a public agency a1d is acting on behalf of the public agency], then the following requirements apply:

1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Contract for seMces must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Contractor of the request, and the Contractor must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Contractor fails to provide the public records to the Department within a reasonable time, the Contractor may be subject to penalties under s. 119.1 O, F.S.

2. Upon request from the Department's custodian of public records, Contractor shall provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

3. Contractor shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the Department.

4. Upon completion of the Contract, Contractor shall transfer, at no cost to Department - public records in possession of Contractor or keep and maintain public records required by the Department to perform the services under this Contract. If the Contractor transfers all pubic records to the Department upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All recqrds that are stored electronically must be provided to Department, upon request from the Department's custodian of public records, in a format that is accessible by and compatible with the Information technology systems of Department.

D. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS

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RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF

PUBLIC RECORDS by telephone at (850) 245-2118, by email at publicservices@dep.state.fl.us, or at the mailing address below.

Department of Environmental Protection Office of the Ombudsman & Public Services Attn: Public Records Request 3900 Commonwealth Blvd, MS 49 Tallahassee, Florida 32399

Paragraph 26 is hereby deleted in its entirety and replaced with the following:

Record Keeping and Audit.

A. Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with United States generally accepted aocounUng principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five (5) years following Contract completion or termination. In the event any work Is subcontracted, Contractor shall similarly require each subcontractor to maintain clld allow access to such records for audit purposes.

B. The Contracior understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hecl'ing. The Contractor will comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this requirement, in writing, on its subcontractors. ·

Paragraph 29 is hereby deleted in its entirety and replaced with the following:

Tax Exemption. Contractor recognizes that the Department is an agency of the State of Florida, which by virtue of Its sovereignty Is not required to pay any taxes on the services or goods purchased under the tenns of this Contract. Department does not pay Federal excise or sales taxes on direct purchases of tangible personal property. Department will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages.

Paragraph 30 is hereby deleted In its entirety and replaced with the following:

Disqualification.

A. The employment of unauthorized aliens by the Contractor/vendor Is considered a violation of Section 274A(e) of the

Immigration and Nationality Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract.. Contractor shall be responsible for including this provision in an subcontracts with private organizations issued as a result of this Contract.

B. Contractor is required to use the U.S. Department of Homeland Security's E-Verify system to verify the employment

· eligibility of all employees used by the Contractor under this Contract. pursuant to State of Florida Executive Order No.: 11-116. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors perfonning work or providing services puisucllt to this Contract utilize the E-Verify system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work.

c. If Contract value exceeds one (1) million dollars, Contractor certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F .S. In addition, Contractor agrees to observe the requirements of Section

DEP Contract No. BS033, Amendment No. 1, Page 3 of 5

D. 287 .135, F .S., for applicable sub-agreements entered into for the performance of work under this Contract. Pursuant to Section 287 .135, F.S., the Department may immediately terminate this Contract for cause if the Contractor, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Contract. ~ provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

Paragraph 35 is hereby deleted in its entirety and replaced with the following:

MyFloridaMarketPlace Transaction Fee.

A. The State of Florida through the Department of Mc11agement Services, has Instituted MyRoridaMarketPlace, a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S. (2015), all payments shall be assessed a Transaction Fee which the Contractor shaD pay the State unless exempt pursuant to Rule 60A-1.032, F.A.C.

B. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), Fk:lrida Administrative Code (F .AC.). By submission of these reports and corresponding payments, the Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.

c. Contractor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) ls/are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of this Contract.

D. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS

WITH THE STATE.

Paragraph 41 is hereby deleted In its entirety and replaced with the following :

Execution in Counterparts.

This Contract, and any Change Orders or Amendments thereto, may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a '.pdr format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or '.pdf signature page were an original thereof.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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In all ottier respects, the Conlract of which this is an Amendment, and attachments relative thereto, shall remain In full force and effect. · '

IN WITNESS WHEREOF, the parties have caised this Amendment to be duly executed the day a,d yeeI written last below.

SANTA CRUZ CONSTRUCTION, INC. FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

By: ~..).._ A Go al »

~esource Management

Date: 1 '=I "2-1/ 'l-C, 1, ~ ~¾,4-D,N1 Marisa Rhian, OEP Contract Manager

~~_.) &d1-DContracts Administrator

Approved as to form and legality:

D orne~

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