CN-370000-GW284-A2.pdf

Contract No. GW284 Amendment No. 2

Rev. 12.27.21

AMENDMENT NO. 2

TO CONTRACT NO. GW284

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

Florida Ground Water Association, Inc.

This Amendment to Contract No. GW284, as previously amended, (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Florida Ground Water Association, Inc. 325 John Knox Road, L-103, Tallahassee, Florida 32303, (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor for to provide a program that will provide coursework and continuing education for water well contractor licensure and license renewal effective February 19, 2014; and

WHEREAS, the parties wish to amend the Contract as set forth herein to extend the contract period.

NOW THEREFORE, the parties agree as follows:

1. The Contract is extended for a six (6) months period to begin February 19, 2024 and remain in effect until August 18, 2024. The Department and the Contractor shall continue to perform their respective duties during this period pursuant to the same terms and conditions provided in the Contract.

2. The following provision is hereby added to the Contract as a new paragraph 40:

Statutory Notices Relating to Unauthorized Employment and Subcontracts.

A. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section

274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Contract. The Contractor shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Contract.

B. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list:

i. Convicted Vendors. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list.

ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity.

Rev. 12.27.21

iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity.

iv. Notification. The Contractor shall notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or the antitrust violator vendor list during the life of the Contract. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915.

3. The following provision is hereby added to the Contract as a new paragraph 41:

Employee Eligibility.

Effective January 1, 2021, 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.

4. The following provision is hereby added to the Contract as a new paragraph 11.G.:

G. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Contract, with reasonable notice and during normal business hours, including by any of the following methods:

i. Contractor shall provide access to any location or facility on which Contractor is performing work, or storing or staging equipment, materials or documents; and

ii. In a contract for services, Contractor shall provide access and documentation to the Department, within 10 business days of a request, to inspect the following:

A. Financial records, papers, and documents of the contractor that are directly related to the performance of the contract or the expenditure of state funds.

B. Programmatic records, papers, and documents of the contractor which the public agency determines are necessary to monitor the performance of the contract or to ensure that the terms of the contract are being met.

iii. Contractor shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Contract; and, Rev. 12.27.21

iv. Contractor shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Contract.

5. The following provision is hereby added to the Contract as a new paragraph 42:

Survival.

The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Contract.

6. The following provision is hereby added to the Contract as a new paragraph 43:

Compensation Report.

If this Contract is a sole-source, public-private agreement or if the Contractor, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Contractor shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Contractor must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Contractor.

7. 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.

Florida Ground Water Association, Inc. Florida Department of Environmental Protection

By: ______________________________ Title:

By: __________________________ Secretary or Designee

Date: ____________________________ Date: _________________________

List of attachments/exhibits included as part of this Contract:

Specify Type / Letter Description n/a n/a

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2/1/2024 a Ground Water Association, Executive Director

Digitally signed by John A.

Coates Date: 2024.02.08 08:10:34 -05'00'

2/8/24