CN-370000-PL263-A4.pdf

DEP Contract No. PL263, Amendment No. 4, Page 1 of 4

DEP CONTRACT NO. PL263

AMENDMENT NO. 4

THIS CONTRACT as entered into on the 12th day of July, 2012, amended on the 25th day of July, 2012, on the 16th day of June, 2015, and on the 23rd day of June, 2016 between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the “Department”) and FLORIDA STATE UNIVERSITY, Board of Trustees (hereinafter referred to as the “Contractor”) is hereby amended.

― In accordance with Paragraph 4, which provides for an additional term not to exceed three (3) years or the term of the original contract, whichever period is longer, the renewal option is hereby exercised and the completion date of the Contract is hereby changed from June 30, 2017 to June 30, 2022.

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

TERMINATION.

A. Department may terminate this Contract at any time for cause, in the event of the failure of the

Contractor to fulfill any of its obligations. Prior to termination, the Department shall provide ten

(10) calendar days written notice of its intent to terminate for cause, including the reasons for such, and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. Contractor may be afforded the possibility of curing any default at the sole discretion of the Department.

B. Either party may terminate this Agreement without cause upon 30 business days written notice of the intent to do so, clearly describing the basis for the termination. Termination for convenience shall not entitle either party to any indirect, special or resulting damages, lost profits, costs or penalties, and the Contractor shall be entitled only to recover those amounts earned by it for authorized deliverables completed up to the date of termination (or as may be agreed to in writing by the Department for completion of all or any portion of the Work in process). Contractor may be paid for costs incurred and non-cancelable obligations made up to the date of termination upon written approval by the Department.

― Paragraph 9 is 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. Mail, 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.

― Paragraph 10 is hereby deleted in its entirety and replaced with the following:

IDENTIFICATION OF CONTRACT MANAGERS. All matters shall be directed to the Contract Managers for appropriate action or disposition. Any changes to the Contract Manager information identified below must be noticed, in writing, to the other party within ten (10) calendar days of the change. Either party may provide notice to the other party by email identifying a change of a designated Contract Manager and providing the new contact information for the newly designated Contract Manager. Such notice is sufficient to effectuate this change without requiring a written amendment to the Contract. Department and the Contractor Contract Managers and contact information are provided below:

Contractor Department Department of Environmental Protection Office of Environmental Services 3900 Commonwealth Boulevard, MS# 140 Tallahassee, Florida 32399 Attn: Raymond V. Spaulding Phone Number: (850) 245-2773

Florida State University Sponsored Research Administration 874 Traditions Way, Third Floor Tallahassee, Florida 32306-4166 Attn: Susanne Stamm Phone Number: (850) 644-3219 Email: sstamm@fsu.edu Email: raymond.v.spaulding@dep.state.fl.us mailto:raymond.v.spaulding@dep.state.fl.us

DEP Contract No. PL263, Amendment No. 4, Page 2 of 4

Contractor - Technical Florida Natural Areas Inventory 1018 Thomasville Rd., Suite 200C Tallahassee, FL 32303 Attn: Dan Hipes, Director Phone Number: 850-224-8207 Email: dhipes@FNAI.FSU.edu

― Paragraph 28 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 all 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 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.

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 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.

― The following language is hereby added to the Contract as paragraph 36:

MYFLORIDAMARKETPLACE TRANSACTION FEE. The State of Florida, through DMS, has instituted MyFloridaMarketPlace, a statewide e-procurement system. Pursuant to Rule 60A- 1.032(1), Florida Administrative Code, payments under this Contract are exempt from the MyFloridaMarketPlace transaction fee.

― The following language is hereby added to the Contract as paragraph 37:

PUBLIC RECORDS.

A. Contractor shall comply with Florida Public 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.

B. 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 mailto:dhipes@FNAI.FSU.edu

DEP Contract No. PL263, Amendment No. 4, Page 3 of 4 records made or received by the Contractor in conjunction with this Contract and subject to 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.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and 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 services 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. 119.10, 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, all 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 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 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 records 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 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 mailto:publicservices@dep.state.fl.us