CN-370000-PL356-ARC1.pdf

Contract No. PL356 Amendment No. 1

Rev. 09/25/18

AMENDMENT NO. 1

TO CONTRACT NO. PL356

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

BRYANT MILLER OLIVE P.A.

This Amendment to Contract No. PL356, (Amendment) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Bryant Miller Olive P.A. 101 North Monroe Street, Suite 900, Tallahassee, Florida 32301 (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor to provide real estate title insurance services, including but not limited to, ownership and encumbrance (O&E) reports, title search reports, title commitments, title searches, search updates, title policies, closings and other related acquisition services for land acquisition and land management projects for the State of Florida on a task assignment basis effective May 31, 2018;

and

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

NOW THEREFORE, the parties agree as follows:

1. Pursuant to Paragraph 3.B. Term of contract. Renewal Term, the parties hereby exercise their option to renew the Contract for the original term of the Contract. The Contract is renewed for a three (3) year period to begin April 30, 2019 and remain in effect until April 29, 2022. The Department and the Contractor shall continue to perform their respective duties during this renewal period pursuant to the same terms and conditions provided in the Contract.

2. Paragraph 19, Public Records is hereby deleted in its entirety and replaced with Attachment K, Public Records Requirements, which is attached hereto and hereby incorporated by reference into the Contract. Paragraph 19 is intentionally left blank.

3. Paragraph 9, Identification of Contract Managers, is hereby deleted in its entirety and replaced with the following:

The Department’s Contract Manager is Sandra D. Ray, Phone (850) 245-2566. Contractor’s Contract Manager is Charles L. Cooper, Jr., Phone (850) 222-8611. All matters shall be conveyed to and conducted by the Contract Managers for appropriate action or disposition. 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.

4. The following paragraph is hereby added to Paragraph 31, Disqualification:

C. 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. 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 beiow.

Florida Department of Environmental ProtectionBrvantyMiller/C^ive PW.

By:By:

Title: Secretary or Designee

By:By:

Date:Date:

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

Specify Type / Letter Description___________

Attachment K Public Records Requirement (1 page)

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -

Amendment No. 1Contract No. PL356

Rev. 09/25/18

Contract No. PL356 Amendment No. 1

Rev. 09/25/18

ATTACHMENT K, 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@dep.state.fl.us 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@dep.state.fl.us