CN-700000-16006-AMD#4.pdf

Amendment #4

ATC-16-006

Grease Trap Pumping Services

This Amendment ("Amendment"), effective December 1, 2017, or the date fully executed below, whichever occurs last, to the Agency Term Contract ATC-16-006 ("Contract") is between the State of Florida, Department of Corrections ("Department") and BPS Incorporated ("Contractor''). The Department and Contractor are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0 MODIFICATIONS

In accordance with Section V, Amendments, of the above-referenced Contract, the following modifications are hereby applied to the Contract.

1.1 Section VII, Contract Management, second paragraph, is revised as follows:

The Department Contract Manager is:

Geoff Pitts, Operations Review Specialist Bureau of Contract Management and Monitoring Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399-2500 Telephone (850) 717- 3958 Email: Geoff.Pitts@fdc.myflorida.com

1.2 Section XIII, Delivery, is revised as follows:

XIII. Services

Service(s) shall be performed within the time agreed upon between the Contractor and the Department after the order is placed. Services must be performed between 8:30 a.m. to 4:00 p.m., Monday through Friday, excluding State holidays, unless otherwise stated herein or through written request of the Department.

1.3 Section XIV, Other Conditions, A. Public Records Law, is revised as follows:

A. Public Records Law

The Contractor agrees to: (a) keep and maintain public records required by the Department in order to perform the service; (b) upon request from the Department's custodian of public records, 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 this chapter or as otherwise provided by law; (c) 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 records to the Department; and (d) upon completion of

Amendment #4 Page 1 of3

Amendment #4

Grease Trap Pumping Services the Contract, t ransfer, 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 reta ining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department.

Pursuant to §287.058(1)(c), F.S., the Department is allowed to unilaterally cancel the Contract for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from §24(a) of Art. I of the State Constitution and either §119.07(1), F.S. or §119.071, F.S.

If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this Contract, contact the custodian of public records at:

Florida Department of Corrections ATIN: Public Records Unit 501 South Calhoun Street Tallahassee, Florida 32399-2500 Telephone: (850} 717-3605 Fax: (850)922-4355 Email: CO.PublicRecords@fdc.myflorida.com

1.4 Section XIV, Other Conditions, C. Disputes, is revised as follows:

C. Disputes

Any dispute concerning performance of the terms of this Contract shall be resolved informally by the Department's Contract Managers. Any dispute that cannot be resolved informally sha ll be reduced to writing and delivered to the Chief Financial Officer (CFO), or designee. The CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the parties, the Department's Contract Managers and the ATC Contract Administrator.

Amendment #4 Page 2 of 3

)l;~~E;:~cN~~;R;:::rement

Amendment #4

ATC-16-006

Grease Trap Pumping Services

1.5 Exhibit B, Price Page, is revised to reflect the correct grease trap sizes for pumping services at all serviced locations, remove Arcadia Road Prison, Union WC, Bradenton Bridge, and Bridges of Pompano, and add Harry Singletary Training Building to the Wakulla Correctional Institution (Cl} location.

Exhibit B is hereby revised and attached hereto.

2.0 CONFLICT

To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. All other terms of the Contract remain in full force.

CONTRACTOR:

BPS Incorporated

Print Na

Date

ATC-16-006

Amendment t/4

Approved as to form and legality, subject to execution.

Gf-i)Kef:P.~~~ / General Counsel

I /lo/tf Date