CN-370000-GC861-A8.pdf

DEP Agency Term Contract No. GC861 Amendment No. 8

PETROLEUM RESTORATION PROGRAM

AGENCY TERM CONTRACT NO. GC861

AMENDMENT NO. 8

This Amendment to Contract No. GC861, as previously amended (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and AGUA LLC (Contractor).

WHEREAS, the Department entered into the Contract with the Contractor for petroleum contamination site response action services effective September 25, 2014.

NOW, THEREFORE, the parties agree as follows:

1. Paragraph 2 is hereby updated to include the following:

The Task Assignment Notification Form and Task Assignment Change Order Form (Attachments B and C) as attached to the Contract are hereby deleted. All Task Assignments and Task Assignment Change Orders shall be executed on the Department’s latest Task Assignment and Task Assignment Change Order forms, copies of which are available from the Department’s Contract Manager.

2. Paragraph 25 is hereby deleted in its entirety and replaced with Exhibit A: Public Records Requirement.

3. Paragraph 37 is hereby deleted in its entirety and replaced with the following:

Disqualification.

A. Contractor shall maintain its qualified contractor status with the Department during the term of this Contract. In the event that Contractor’s qualification status lapses, the professional engineer of record changes, the professional geologist of record changes, Contractor shall notify the Department within 1 business day of being notified that a lapse will occur and undertake steps to maintain/reinstate qualified status including providing updated professional engineer / professional geologist documentation of license prior to continuation of any executed Work Assignment or acceptance of any new Work

Assignment. Failure to timely notify the Department shall result in the suspension of all

Work Assignments and/or termination of this Contract.

B. 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 Restated

Contract. Contractor shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Restated Contract. Any exceptions to this paragraph shall be explicitly noted by Department on a TA, TACO or PO.

C. 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 Section 448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a requirement that subcontractors performing work or providing services pursuant 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. The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract. If the Department has a good faith belief that a subcontractor knowingly violated §448.095(1), F.S. and notifies the Contractor of such, but the

Contractor otherwise complied with this statute, the Contractor shall immediately terminate the contract with the subcontractor.

D. 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 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. As provided in Subsection

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

E. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that

Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the

Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

4. Paragraph 46 is hereby deleted in its entirety and replaced with the following:

MyFloridaMarketPlace Transaction Fee.

A. The State of Florida through the Department of Management Services (DMS), has instituted MyFloridaMarketPlace (MFMP), a statewide e‐procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A‐1.031, Florida Administrative Code (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 Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A‐1.031, F.A.C. 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 Contractor for the purchase of any item(s) if such item(s) is/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.

E. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that

Boycott Israel List. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Contract at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Contract. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative.

5. This amendment shall include an update to ATTACHMENT A (V2.0), SCOPE OF SERVICES, APPENDIX I, Section A. LAWS AND REGULATORY SPECIFICATIONS, DEP GUIDANCE DOCUMENTS AND FORMS Table, as follows:

Item No.68 shall be added.

DEP GUIDANCE DOCUMENTS AND FORMS

Title References* Site

Assess.

Remedial Options and

Design

RA

Lmpl.

Site Closure

68.

Petroleum Restoration Program

Standardized Quote Form

None

X

6. All other terms and conditions of the Contract remain in effect. If and to the extent that any inconsistency may appear between the Contract 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.

EXHIBIT A, PUBLIC RECORDS REQUIREMENTS

A. Public Records Access Requirements.

a. If the Contract exceeds $35,000.00, and if the Contractor is acting on behalf of the Department in its performance of services under the Contract, the Contractor 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 Contractor in conjunction with the Contract (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 Contract if the Contractor refuses to allow public access to Public Records as required by law.

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

If the Contractor is a “contractor” as defined in section 119.0701(1)(a), F.S., the Contractor shall:

(1) Keep and maintain Public Records required by the Department to perform the service.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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 mailto:public.services@floridadep.gov�