CN-370000-CN331-R1.pdf

Agreement No.: CN331 Amendment No.: 1

Rev. 01/09/2021

AMENDMENT NO. 1

TO AGREEMENT NO. CN331

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

HUMISTON AND MOORE ENGINEERS, P.A.

This Amendment to Professional Services Agreement No. CN331 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and HUMISTON AND MOORE ENGINEERS, P.A., 5679 Strand Ct. Naples, FL 34110 (Consultant), on the date last signed below.

WHEREAS, the Department entered into the Agreement with the Consultant for Professional Architectural and Engineering services effective July 28, 2016; and

WHEREAS, the parties wish to amend the Agreement to renew the Agreement and make other changes as set forth herein.

NOW THEREFORE, the parties agree as follows:

1) The Agreement is renewed for a five year period to begin July 28, 2021, and remain in effect until July 28, 2026.

The Department and the Consultant shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement.

2) Section 4.11 of the Agreement is hereby deleted in its entirety and replaced with: “Attachment J, Public Records Requirements,” as attached to this Amendment, is hereby incorporated into the Agreement.

3) The following provision hereby replaces Section 20 of the Agreement:

Scrutinized Companies.

A. Consultant certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of

Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.

B. If this Agreement is for more than one million dollars, the Consultant certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement.

C. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

4) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control.

The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below.

Rev. 01/09/2021

HUMISTON AND MOORE ENGINEERS, P.A.

Florida Department of Environmental Protection

By: ______________________________________ Title:

By: _______________________________________ Secretary or Designee

Date: _________________________ Date: _________________________

LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:

Specify Type Letter/Number Description Attachment J Public Records Requirements (1 page)

- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -

Brett D. Moore, P.E., D.CE.

Digitally signed by Brett D. Moore, P.E., D.CE.

Date: 2021.02.16 11:30:57 -05'00' Leslie Reed Digitally signed by Leslie Reed

Date: 2021.06.30 16:58:56 -04'00'

Rev. 01/09/2021

ATTACHMENT J, PUBLIC RECORDS REQUIREMENTS

1. Public Records

a. If the Agreement exceeds $35,000.00, and if the Consultant is acting on behalf of the Department in its performance of services under the Agreement, the Consultant must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Consultant in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S.

b. The Department may unilaterally terminate the Agreement if the Consultant refuses to allow public access to Public Records as required by law.

2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.

For the purposes of this paragraph, the term “contract” means the “Agreement.” If the Consultant is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the Contractor shall:

a. Keep and maintain Public Records required by the Department to perform the service.

b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.

c. A contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S.

d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to the Department.

e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public 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 Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department’s custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access.

f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

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

RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S

CUSTODIAN OF PUBLIC RECORDS AT:

Telephone: (850) 245-2118 Email: public.services@FloridaDEP.gov Mailing address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399