CN-370000-PL263-A2.pdf

DEP CONTRACT NO, P1263

AMENDMENT NO.2

THIS CONTRACT as entered into on the 12utday of Ju|y,2012, and amended on the 25tt day of July, 2012, between the FLORIDA DEPARTMENT 0F ENVIRONMENTAL PROTECTION (hereinafter refened to as the "Department') and FLORIDA STATE UNIVERSITY (hereinafter refened to as the "Contracto/') is hereby amended.

Paragraph I is hereby revised to change the Department's contact person for the delivery of notices from O, Greg Erock to Marianne Gengenbach.

Paragraph 10 is hereby revised to change the Department's Contract Manager from O, Greg Brock to Marianne Gengenbach, Phone (850)245-2773.

The following language is hereby added to the Conkact as paragraph 33:

This Conkact 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. ln the event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' 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.

The following language is hereby added to the Contract as paragraph 34:

The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.

The following language is hereby added to the Contract as paragraph 35:

No payment will be made for deliverables deemed unsatisfactory by the Department. In the event that a deliverable is deemed unsalisfactory by the Department, Contractor shall re-perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within thirty (30) days of being notified of the unsatisfactory deliverable. lf a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion: 1) Department Contract Manager may, by letter specifying the failure of performance under the Contract, request that a proposed Corrective Action Plan (CAP) be submitted by Contractor to the Department; 2) request from Conhactor agreement to a reduction in the amount payable; 3) suspend all work until satisfactory performance is achieved, or 4) terminate the Contract for failure to perlorm.

A. CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Contract Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in writing whether the CAP proposed has been accepted, lf the CAP is not accepted, Contractor shall have ten (10) calendar days from receipt ol the Department letter reiecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above shall result in the Department's termination of lhe Conhact for cause as authorized in the Contract.

B. Upon Department's notice of acceptance of a proposed CAP, Contractor shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve the Contractor of any of its obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the Department shall retain the right to require additional or further remedial steps, or to terminate the Contract for failure to perform, No actions approved by Department or steps taken by Contractor shall estop the Department from subsequently asserting any deficiencies in performance. Contractor shall continue to implement the CAP until all deficiencies are corrected, Reports on the progress of the CAP will be made to the Department as requested by the Department Contract Manager.

DEP Contract No. P1263, Amendment No. 2, Page 1 of 2

C. Failurebm$pottdba0apartnentmquwttxaeAPorfudlumbcon66{a&fuiencykrfBpod*m*reedhs Contrrct as spedfed by the 0epaftent rny reslt in brminahn of tro osrfad"

Tho t?m6dies sct forfi ab,ro aB'not oxcltaivs mtl fne Doparnnont reranno he rfght h e,ffiS6 ot|g nmadrr in edditfsn t0 c in lipu of ttrosa 6ct hrtr Senn, $ perrdtad by tho Contmcf

. In all other recpods, ths &nhacl of r$idr tris is an *nerdmsnl and a&d*nens r*&E lBr€& shdl r€mdrl h fuI fuoeandofrd, lN wTt'iESS yvltEREOF, he pan-es have caused frb Amsndnnnt b be duty areeded tre fty ar$ yxr wi[n lnat belx{.

FIORIOA SIAT€ UNI!trRSfTY

Mce President For Research o*s: 6-l/,- 2o1J

FLORIOAOEPANruSNTOF ENVIRS{ME.ITAL PROTECn0f'l

Dah: tol ts{aOts

Contfmh Adrn${statry

Approved as b irm sd lega$t!,:

OEP Conhact Ns, PL2S3, &nendment No. 2, page I ol 2