CN-700000-23010-AMD2.pdf

Amendment #002

ATC-23-010

Building Code Plans Review and Inspection Services

This Amendment (“Amendment”), effective the date fully executed below by both Parties, to the Agency Term Contract ATC-23-010 (“Contract”) is between the State of Florida, Department of Corrections (“Department”), and EP Consultants, Inc.-EPCI (“Contractor”). The Department and Contractor are collectively referred to herein as the “Parties,” and individually as a “Party.” 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 VI., Amendments, of the above-referenced Contract, the following modifications are hereby applied:

1.1 Section V., Contract, is hereby revised as follows:

V. Contract

This Contract, together with the following attached documents (Attachments), sets forth the entire understanding of the Parties and supersedes all prior and contemporaneous agreements, whether written or oral, with respect to such subject matter.

All Attachments to this Contract are incorporated in their entirety and form as part of this

Contract. The Contract has the following Attachments:

a) Attachment I: Scope of Work;

b) Attachment II: Contractor’s Negotiated Pricing;

c) Attachment III: Vendor’s Contact Information and Certification;

d) Attachment IV: Security Requirements;

e) Attachment V: Service/Delivery Locations;

f) Attachment VI: Building Permit Application;

g) Attachment VII: State Building Permit;

h) Attachment VIII: Supplemental Instructions;

i) Attachment IX: Code Inspection Request Form;

j) Attachment X: Code Inspection Report Form;

k) Attachment XI: Certificate of Occupancy; and

l) Attachment XII: Annual Contract Service Report.;

m) Attachment XIII: Foreign Country of Concern Attestation (PUR1355);

n) Attachment XIV: Vendor Certification Form (PUR7801);

o) Attachment XV: Use of Coercion for Labor and Services (PUR2024); and

p) Attachment XVI: Business Associate Agreement for HIPAA.

Amendment #002

1.2 Section IX., Performance Measures and Financial Consequences, is hereby revised as follows:

IX. Performance Measures and Financial Consequences

A. The Contractor agrees to the Department’s assessment of financial consequences, which are not intended to be a penalty but to incentivize the Contractor’s performance under this

Contract. The performance measures below list the key expectations most critical to the success of the Contract and the financial consequences the Department will assess if an expectation is not met.

B. If the Contractor is unable to achieve a performance measure expectation because of unforeseen circumstances outside of its control, the Contractor may submit a written request, in advance, to the Contract Manager to waive the assessment of the associated financial consequence.

1. The Contract Manager will then review the request to determine whether mitigating circumstances existed beyond the Contractor’s control.

2. For the Department to approve the request, the Contractor must not have contributed to the failed expectation in any manner.

C. The Department does not waive its ability to assess financial consequences by allowing the delivery of items(s) or completion of services after the time allowed.

D. Nothing in this section shall limit the Department’s right to pursue other remedies available at law or equity.

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-001

All services performed by the Contractor shall be completed by a properly licensed individual.

The Contractor will produce proof of license and certifications issued by all authorities, federal, State, and local.

Per Service

The Department will not pay for services performed by the Contractor without a proper license. The services must be redone by properly licensed staff.

PM-002

The Contractor shall provide a letter of proposal of service and cost prior to the performance of any

Contract services for each project requiring building code services.

The letter of proposal of service shall be submitted within five

(5) Business Days of the request being made to include all aspects of the service needed per Attachment I.

Per

Occurrence

$25 $50 per Day, beginning on the (6th)

Business Day after the request is made until the letter of proposal of service and cost is received.

Amendment #002

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-003

The Contractor shall make and complete inspections timely.

After a request to inspect has been made, the Contractor will make and complete the required inspections within two

(2) Business Days of the request in accordance with all specifications, Plans

Examination Assignments, using all required State and

Departmental forms, as per

Section

1.1.11.3 of

Attachment I.

Per

Occurrence

$50 per Day beginning on the (3rd) Business Day after the request is made until the inspection is scheduled.

PM-004

The Contractor shall evaluate plans timely.

Plans must be evaluated, and either a permit issued, or if comments are provided, comments must provide sufficient detail such that when revisions are applied a permit will result. Plan reviews are provided within 10 Business

Day from PO issuance, as per

Section 1.1.5 of Attachment I.

Per

Occurrence

$50 $100 per Day beginning on the 11th

Business Day after the PO is issued until a permit is issued or plan review comments are provided.

PM-005

The Contractor shall provide plan examinations, permitting, and inspection services accurately.

The Contractor shall provide services in accordance with

Section 1.1 of Attachment I and all applicable federal, State, and local laws.

Per

Occurrence

The cost of the inspection plus $250 per occurrence where the Contractor was at fault for not complying with the requirements in

Section 1.1, or applicable federal, State, and local laws.

PM-006

The Contractor shall provide all reports accurately and timely.

Timely Reporting applies to the annual contract report, Attachment XII.

Per

Occurrence

$100 Per Day after 30

Days following the end of annual year.

PM-007

The Contractor shall complete the day of inspection documentation.

The Contractor shall date and initial the State Building Permit and submit Attachment X to the

GC and provide a copy of the inspection results to the requester, per Section 1.1.11.1 of Attachment I.

Per

Occurrence

On the day of a completed

Inspection, prior to leaving the site, $50 Per Day.

Amendment #002

Performance Measures (PM)

No. Description Expectation Measurement Financial Consequence

PM-008

The Contractor shall provide a Certificate of

Completion or

Certificate of

Occupancy.

The Contractor shall provide a certificate of completion or

Certificate of Occupancy within five (5) Days of a completed

Certificate request, per Section

1.1.11.1 of Attachment I.

Per

Occurrence

$50 per Day beginning the

6th Day after a request.

PM-09

Detailed Invoice

Reporting

The BCA shall provide a detailed invoice no later than the 10th Day of the month following the month in which services were rendered, per

Section XVII., Q, Payment &

Invoicing.

Per

Occurrence

$100 per Day beginning the 11th Day of the month.

1.3 Section XII., Subcontracts, is hereby revised as follows:

XII. Subcontracts

The Contractor may, with the prior written consent of the Department, enter into written subcontracts for delivery or performance of services, as indicated in this Contract. No subcontract, into which the Contractor enters for the performance of any of its duties under the

Contract, shall in any way relieve the Contractor of any responsibility for the performance of the

Contract. All subcontractors, regardless of function, shall comply with the Department’s security requirements, including background checks, and all other Contract requirements.

The Department is not authorized to make payments to the subcontractor for services or commodities provided under the Contract.

The Contractor shall make all payments to subcontractors. If the Contractor utilizes a subcontractor, the Contractor shall pay the subcontractor within seven (7) Business Days after any payment is received from the Department, per Section 287.0585, F.S. It is understood, and agreed upon, that the Department shall not be held accountable to any subcontractor for any expenses or liabilities incurred under the subcontract, and that the Contractor is solely responsible to the subcontractor for all expenses and liabilities under the Contract. If the

Contractor fails to pay the subcontractor within seven (7) Business Days, the Contractor shall pay the penalty to the subcontractor in the amount of one-half (1/2) of one percent (1%) of the amount due, per Day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

The Contractor is fully responsible for all work performed under this Contract. The Contractor may, upon receiving written consent from the Contract Manager, use service providers and/or enter into a written subcontract(s) for the performance of certain functions under this Contract.

Amendment #002

No Subcontract, which the Contractor enters into with respect to the performance of any of its functions under this Contract, shall in any way relieve the Contractor of any responsibility for the performance of its duties. The Contractor shall make payments to subcontractors.

If a subcontractor is utilized by the Contractor, the Contractor shall pay the subcontractor within seven (7) Business Days after receipt of full or partial payments from the Department, in accordance with Section 287.0585, F.S. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any Subcontract. The Contractor shall be solely liable to the subcontractor for all expenses and liabilities under this Contract.

The Contractor’s failure, without reasonable cause, to pay a subcontractor within seven (7) Business Days will result in a penalty to be paid by the Contractor to the subcontractor in the amount of one-half percent (0.5%) of the amount due per Day past the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15% of the outstanding balance due.

All Subcontracts/agreements shall comply with the Department’s Procedure 205.002 “Contract Management”, and shall include the items noted below:

• Identity of the subcontractor (i.e., company, individual, etc.) that will be performing the subcontracted services;

• Qualifications of the subcontractor;

License(s) and certification(s) provided by the subcontractor, required to perform the subcontracted services; and

• Include the specific clauses noted below from the Contract between the Contractor and the Department:

o Cooperation with the Inspector General o Cooperation with the Florida Senate and the Florida House of Representatives o E-Verify o Staff Background/Criminal Records Checks

Additionally, all subcontractor agreements must include a statement from the proposed subcontractor acknowledging acceptance of and intent to be bound by the Contract terms included in the contract between the Department and the Contractor.

See also Section XVII., Other Conditions, O, related to E-Verify

1.4 Section XVII., Other Conditions, is hereby revised as follows:

XVII. Other Conditions

A. Public Records

The Contractor agrees to: (a) keep and maintain public records required by the

Department in order to perform the Contract; (b) upon request from the Department’s custodian of public records, provide the Department with a copy of the related 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, F.S. 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

Amendment #002 the Contract, if the Contractor does not transfer the records to the Department upon

Contract expiration or termination; and (d) 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

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 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 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

Section 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 Section 24(a) of Art. I of the State

Constitution and Section 119.07(1), F.S.

A. Records

1. 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 Chapter 119, F.S. 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 upon Contract expiration or termination; and (d) 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 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 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 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 Section

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 Section 24(a) of Art. I of the State Constitution and Section

119.07(1), 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

ATTN: Public Records Unit

501 South Calhoun Street

Tallahassee, Florida 32399-2500

Telephone: (850) 717-9774

Fax: (850) 922-4355

Website: https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkh n004wtw1eymm15f4x))/SupportHome.aspx

2. Audit Requirements

a. The Contractor agrees to maintain books, records, and documents (including electronic storage media) in accordance with Generally Accepted Accounting

Principles (GAAP).

b. The Contractor agrees to include all record-keeping requirements in all subcontracts and assignments related to this Contract.

3. Record Retention

The Contractor agrees to retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertaining to this Contract following termination of the Contract for the timeframes required by the Florida Department of State, General Records Schedule, GS1-SL, which can be found at the following link: https://dos.myflorida.com/library-archives/records-management/general-records-schedules/. The Contractor shall maintain complete and accurate record-keeping and documentation as required by the Department and the terms of this Contract. All invoices and documentation must be clear and legible for audit purposes. Copies of all records and documents shall be made available for the Department upon request, or no more than two (2) Business Days upon request, if stored at a different site location than the address listed on Section VIII., Contractor’s Representative. Any records not available at the time of an audit will be deemed unavailable for audit purposes. Violations will be noted and forwarded to the Department’s Inspector General for review. The Contractor must retain all documents for the appropriate timeframes listed in the GS1-SL record schedule following termination of the Contract, or, if an audit has been initiated and audit findings have not been resolved at the end of the appropriate timeframes, the records shall be retained until resolution of the audit findings. The Contractor shall cooperate with the Department to facilitate the duplication and transfer of any said https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx https://floridadoc.govqa.us/WEBAPP/_rs/(S(mxurvkhn004wtw1eymm15f4x))/SupportHome.aspx records or documents during the required retention period.

The Contractor shall advise the Department of the location of all records pertaining to this Contract and shall notify the Department by certified mail within 10 Days if and when the records being moved to a new location.

B. Confidentiality

The Contractor shall ensure all staff assigned to this Contract maintain confidentiality with reference to commodities and services in accordance with applicable local, State, and federal laws, rules, and regulations. The Department and the Contractor agree that all information and records obtained in the course of providing services under this Contract shall be subject to confidentiality and disclosure provisions of applicable federal and State statutes and regulations adopted pursuant thereto.

The Contractor agrees to keep all Department personnel information (i.e., Department staff telephone numbers, addresses, etc.) strictly confidential and shall not disclose said information to any person or entity, unless released to do so, in writing, by the Department.

C. Diversity in Contracting

The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women, and service-disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor

Protégé Program connects minority, women, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protégé Program, please contact the Office of Supplier

Diversity at (850) 487-0915.

The State is dedicated to fostering the continued development and economic growth of small, minority, women, and service-disabled veteran business enterprises.

Participation by a diverse group of Vendors doing business with the state is central to this effort. To this end, it is vital that small, minority, women, and service-disabled veteran business enterprises participate in the State’s procurement process as subcontractors in this Contract. Small, minority, women, and service-disabled veteran business enterprises are strongly encouraged to contribute to this Contract.

The Contractor shall submit documentation addressing diversity and describing the efforts being made to encourage the participation of small, minority, women, and service-disabled veteran business enterprises to the Contract Manager.

Information on Certified Minority Business Enterprises (CMBE) and Certified Service-

Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier

Diversity at http://www.dms.myflorida.com/agency_administration/office_of_supplier_diver sity_osd.

Diversity in Contracting documentation should identify any participation by diverse http://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd http://www.dms.myflorida.com/agency_administration/office_of_supplier_diversity_osd

Amendment #002 subcontractors/suppliers as prime contractors, subcontractors, vendors, resellers, distributors, or such other participation as the Parties may agree. Diversity in Contracting documentation shall include the timely reporting of spending with certified and other minority/women/service-disabled veteran business enterprises. Such reports must be submitted at least monthly and include the period covered, the name, minority code, and

Federal Employer Identification Number of each minority/women/service-disabled veteran subcontractor/supplier utilized during the period, commodities and services provided by the minority/women/service-disabled veteran business enterprise, and the amount paid to each minority/women/service- disabled veteran vendor on behalf of each purchasing agency ordering under the terms of this Contract.

C. Health Insurance Portability and Accountability Act

The Contractor shall comply with the Health Insurance Portability and Accountability Act of

1996 (“HIPAA”) and all applicable regulations promulgated thereunder. Agreement to comply with HIPAA is evidenced by the Contractor’s execution of this Contract, which includes and incorporates Attachment XVI., Business Associate Agreement, as part of this

Contract.

D. Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. It is a requirement of the Florida Department of Environmental Protection that a generator or hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification Number. This identification number shall be submitted as part of the Contractor’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste.

D. State Objectives

1. Environmental Considerations

The State supports and encourages initiatives to protect and preserve our environment. It is a requirement of the Florida Department of Environmental

Protection that a generator or hazardous waste materials that exceeds a certain threshold must have a valid and current Hazardous Waste Generator Identification

Number. This identification number shall be submitted as part of the Contractor’s explanation of its company’s hazardous waste plan and shall explain in detail its handling and disposal of this waste.

It is expressly understood and agreed that any products or materials which are the subject of, or are required to carry out, this Contract shall be procured in accordance with the provisions of Section 403.7065, F.S., relating to the procurement of materials with recycled content.

2. Prison Rehabilitative Industries and Diversified Enterprises (PRIDE)

The Contractor agrees that any articles which are the subject of, or are required to carry out this Contract, shall be purchased from PRIDE, identified under Chapter 946, F.S., in the same manner, and under the procedures set forth in Sections 946.515(2) and (4), F.S. The Contractor shall be deemed to be substituted for the Department in dealing with PRIDE for the purposes of this Contract. This clause is not applicable to subcontractors unless otherwise required by law. Available products, pricing, and delivery schedules may be obtained at https://www.pride-enterprises.org.

3. Products Available from the Blind or Other Handicapped (RESPECT)

It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner, and under the same procedures set forth in Sections 413.036(1) and (2), F.S.; and for purposes of this Contract, the person, firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org.

E. Disputes

Any dispute concerning the performance of arising from this Contract shall be resolved informally by the Parties Contract Manager and the Contractor’s Representative. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the

Department's Chief Financial Officer (CFO), or designee. The Department's CFO, or designee, shall decide the dispute, reduce the decision to writing, and deliver a copy to the

Contractor’s Representative Contractor, the Contract Manager, and the Contract

Administrator.

F. Prison Rape Elimination Act (PREA)

The Contractor shall report any violations of comply with the national standards to prevent, detect, and respond to prison rape under the Prison Rape Elimination Act Federal Rule 28

C.F.R. Part 115 to the Contract Manager immediately. The Contractor’s staff who will not enter the secured perimeter but can be on property in the presence of an inmate, shall also comply with all Department policies and procedures that relate to PREA (see procedure

602.053) and immediately report any suspected/reported PREA violations to the Contract

Manager for the Department verbally and follow up with a written notification to the Contract

Manager within 24 hours of learning about the suspected PREA violation.

G. Contractor’s Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basis and to hold such insurance at all times during the existence of this Contract. This shall include, but is not limited to, worker’s compensation, general liability coverage, and

Amendment #002 property damage coverage. The Department must be an additional named insured on the

Contractor’s insurance related to this Contract. The Contractor accepts full responsibility for identifying and determining the type(s) and extent of insurance necessary to provide reasonable financial protection for the Contractor and the Department under this Contract.

Upon the execution of this Contract, the Contractor shall furnish the Contract Manager, written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The

Department reserves the right to require additional insurance where appropriate.

If the Contractor is a State agency or subdivision as defined in Section 768.28, F.S., the

Contractor shall furnish the Department, upon request, written verification of liability protection in accordance with Section 768.28, F.S. Nothing herein shall be construed to extend any Party's liability beyond that provided in Section 768.28, F.S.

H. Independent Contractor Status

This Contract does not create an employee/employer relationship between the Parties.

The Parties are independent contractors under this Contract, and neither is the employee of the other for all purposes, including, but not limited to, the application of the Fair Labor

Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal

Revenue Code, the State Workers’ Compensation Act, and the State’s unemployment insurance law. The Parties shall each retain sole and absolute discretion in the judgment of the manner and means of carrying out their Contract duties. Services and commodities provided by each Party under this Contract shall be subject to the supervision of the other

Party. In performing this Contract, neither Party nor its agents shall act as officers, employees, or agents of the other Party. The Parties agree that they are separate and independent business enterprises, and that each can pursue other opportunities.

This Contract shall not be construed as creating any joint venture or partnership between the Parties, and neither Party will be liable for any obligation incurred by the other Party, including, but not limited to, unpaid wages and overtime premiums.

The Contractor is an independent contractor in the performance of its duties and responsibilities under this Contract. The Department shall neither have nor exercised any control or direction over the methods by which the Contractor shall perform its work and functions other than as provided herein. This Contract is not a partnership or a joint venture between the parties.

I. Force Majeure

Neither Party shall be liable for loss or damage suffered as a result of any unforeseeable delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, pandemics, acts of public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes.

J. Annual Appropriation

The State’s and the Department's duty to pay for commodities or services under this

Contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for payment under this Contract.

K. E-Verify

Every public employer, contractor, and subcontractor shall register with and use the E-

Verify system, https://www.e-verify.gov/employers, to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor shall not enter into a contract unless each party to the contract registers with and uses the E-Verify system in accordance with Section 448.095, F.S.

1. The Contractor has completed and submitted DMS Form PUR 7801 included as

Attachment XIV., prior to contract execution and agrees to re-submit this completed form each year on the contract anniversary date.

2. The Contractor has provided proof of its E-Verify registration prior to Contract execution.

3. The Contractor understands that it shall be unlawful for any person knowingly to employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, in accordance with Section

448.09, F.S.

4. The Contractor understands that it must request and maintain an affidavit for all subcontractors stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor certifies that it will provide subcontractor affidavit(s) to the Department at any time the Department requests.

L. Cooperation with Inspector General

In accordance with Section 20.055(5), F.S., the Contractor understands and any subcontractor understand and will comply with its duty to cooperate with the Inspector

General in any investigation, audit, inspection, review, or hearing concerning this Contract.

M. Cooperation with the Florida Senate and Florida House of Representatives

In accordance with Section 287.058(7), F.S., the Contractor agrees to disclose any requested information, relevant to the performance of this Contract, to members or staff of the Florida Senate or Florida House of Representatives, as required by the Florida

Legislature. The Contractor is strictly prohibited from enforcing any nondisclosure clauses conflictive with this requirement.

https://www.e-verify.gov/employers

N. Scrutinized Companies Contractor Certification

The Contractor certifies they are not listed on the Scrutinized Companies that Boycott

Israel List, created pursuant to Section 215.4725, F.S., and they are not currently engaged in a boycott of Israel. If the Contract exceeds $1,000,000.00 in total, not including renewal years, the Contractor certifies that they are not listed on either 1) the Scrutinized

Companies with Activities in Sudan List, or 2) the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created under Section 215.473, F.S., and further certifies they are not engaged in business operations in Cuba or Syria, as stated in Section

287.135(2)(b)2, F.S. Pursuant to Sections 287.135(5), F.S., and 287.135(3), F.S., the

Contractor agrees the Department may immediately terminate this Contract for cause if the Contractor is found to have submitted a false certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that

Boycott Israel List, or is engaged in a boycott of Israel, or has engaged in business operations in Cuba or Syria during the term of the Contract. Any company that submits a bid or proposal for a contract or intends to enter into or renew a contract with an agency or local governmental entity for commodities or services, of any amount, must certify that the company is not participating in a boycott of Israel.

The Contractor certifies the following:

1. If a contract is for goods or services of any amount, the Contractor certifies:

• It is not listed on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S.; and

• It is not currently engaged in a boycott of Israel in accordance with Section

287.135(2)(a), F.S.

2. If a contract for goods or services could be at or above $1 million, the Contractor also certifies:

• It has completed DMS Form PUR 7801, included as Attachment XIV.

3. The Contractor agrees that the Agency can immediately terminate the Contract for cause or disqualify the Contractor from further consideration of a contract if the following is discovered:

• The Contractor is found to have submitted a false certification, after providing notice in accordance with Section 287.135(5)(a), F.S.;

• The Contractor is placed on a list created pursuant to Section 215.473, F.S., relating to scrutinized active business operations in Iran; or

• The Contractor is found to have been placed on the Scrutinized Companies that

Boycott Israel List or is engaged in a boycott of Israel.

4. The Contractor understands the following:

• The Agency may, on a case-by-case basis, make exceptions to these requirements as permitted in Section 287.135(4), F.S.; and

• An unsuccessful Contractor has no right to protest the award of a contract or renewal on the basis of a false certification, in accordance with Section 287.135(6), F.S.

O. Purchasing Card (PCard) Program

The State of Florida has implemented the use of a PCard using the Visa platform. Upon mutual agreement of the Department and Contractor, the Contractor will receive payments via the PCard in the same manner as other Visa purchases. To find out more about the

State’s purchasing card program, a Contractor may visit:

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_a nd_agreements/state_term_contracts/purchasing_card_services

P. Vendor Ombudsman

A vendor Ombudsman has been established within the Florida Department Financial

Services. The duties of this office include acting as an advocate for Vendors who may be experiencing problems in obtaining timely payment(s) from a State agency. The Vendor

Ombudsman may be contacted by calling the Florida Department of Financial Services at

(850) 413-5516 or toll-free at 800-342-2762.

Q. Payment and Invoicing

Pricing for the Contract will be at a fixed rate or percentage discount, whichever is lower.

The Department will compensate the Contractor for the delivery of services. All charges must be billed in arrears, in accordance with Section 215.422, F.S. The Contractor must include any and all supporting documentation, as well as its name, mailing address, federal tax identification (ID) number/ FEIN, PO number, the dates of service and relevant supporting documentation.

The Contractor shall submit invoices for compensation for delivery of products/services in detail sufficient for a proper pre-audit and post-audit thereof. Invoices will be paid upon receipt, inspection, and acceptance of the services(s). The Department shall pay upon

Departmental approval of a detailed invoice and backup documentation.

Project Plan Evaluation, Permitting, C.O., Issuance, and Inspections

The BCA shall submit a separate detailed invoice at the end of each month for each PO for the services completed by the Vendor during the month. The invoice shall be submitted no later than the 10th Day of the month following the month in which services were rendered. Each invoice shall include timesheets for each person involved in inspections for each permit during that month. Timesheets shall reflect the Department’s Project name and number.

https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contracts/purchasing_card_services https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/state_term_contracts/purchasing_card_services

Amendment #002

Re-Use Plan Examinations and C.O. Issuance

The re-use plan examination fee (item #7 on Attachment II, Contractor’s Pricing) is for reviewing, permitting, and issuing a C.O. for a building plan that was previously reviewed and permitted at a different location or construction site. When plan examinations require an invoice, they shall be submitted upon completion.

Re-Inspections

Re-Inspection cost shall be paid by the General Contractor to the BCA per Section 1.1.10.4 of Attachment I.

R. Florida Department of State Licensing Requirements

As applicable, all All entities defined under Chapter 607, 617, or 620, F.S., seeking to do business with the Department shall be on file and in good standing with the Florida

Department of State, or provide certification of exemption from this requirement.

S. MyFloridaMarketPlace (MFMP) Registration

All Vendors doing business with the State as defined in Section 287.013, F.S., must register in the MFMP Vendor Information Portal (VIP) system unless exempted under Rule

60A-1.031, Florida Administrative Code (F.A.C.). State agencies shall not agree to purchase commodities or contractual services with any Vendor not registered in MFMP unless exempted by rule. A Vendor not currently registered in MFMP shall do so within five

(5) days of award. Vendors may complete their MFMP registrations at:

http://vendor.myfloridamarketplace.com. Vendors needing assistance regarding their

MFMP registration may contact the MFMP Customer Service Desk at 1-866-352- 3776 or vendorhelp@myfloridamarketplace.com.

Per Section 287.057(24)(c), F.S., and Rule 60A-1.031, F.A.C., Vendors must pay a small transaction fee on all payments they receive from the State, unless exempt under Rule

60A-1.031, F.A.C. This transaction fee is non-refundable, and the failure of a Vendor to pay as required may result in their exclusion of future business opportunities with the State.

T. Substitute W-9

The Florida Department of Financial Services (DFS) requires all Contractors doing business with the State to submit a Substitute W-9 Form electronically. To submit Forms, find frequently asked questions, and receive other assistance, Contractors can visit https://flvendor.myfloridacfo.com. For additional help, Contractors may contact DFS at

(850) 413-5519 or FLW9@myfloridacfo.com.

U. Copyrights, Right to Data, Patents, and Royalties

Where the Contract activities supported by this Contract produce original writing, sound recordings, pictorial reproductions, drawings, other graphic representation, and/or works http://vendor.myfloridamarketplace.com/ mailto:vendorhelp@myfloridamarketplace.com https://flvendor.myfloridacfo.com/ mailto:FLW9@myfloridacfo.com

Amendment #002 of any similar nature, the Department has the right to use, duplicate and disclose such materials, in whole or in part, in any manner, for any purpose whatsoever, and to have others acting on behalf of the Department to do so also. If the materials that are so developed are subject to copyright, trademark, patent, legal title, then and every right, interest, claim or demands of any kind, in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, Department of State for the exclusive use and benefit of the State. Under Pursuant to Section 286.021, F.S., no person firm or corporation, including parties to the this Contract, shall be entitled to use the copyright, patent, or trademark without the prior written consent of the Florida Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purpose whatsoever, all information and data developed, derived, documented, or furnished by the

Contractor. under this Contract. All computer programs and other documentation produced as part of the Contract shall become the exclusive property of the State of Florida, Department of State, except for data processing software developed by the Department pursuant to Section 119.084, F.S., and may not be copied or removed by any employee of the Contractor without express written permission of the Department.

The Contractor, without exception, shall indemnify and save harmless the Department, and its employees, from liability of any nature or kinds, including costs and expenses, for, or on account of, any copyrighted, patented, or unpatented invention, process, or article, manufactured, or supplies, by the Contractor,. The Contractor has no liability when such claim is solely and exclusively due to the combination, operation, or use of any article supplied hereunder with equipment or data not supplied by the Contractor or is based solely and exclusively upon the Department’s alteration of the article. The Department will provide prompt written notification of a claim regarding copyright or patent infringement and will afford the Contractor full opportunity to defend the action and control the defense of such claim.

Further, if such claim is made, or is pending, the Contractor may, at its option and expense, procure for the Department the right to continue the use of, replace, or modify the article to render it non-infringing. (If none of the alternatives are reasonably available, the

Department agrees to return the article to the Contractor upon its request and receive reimbursement, fees, and costs, if any, as may be determined by a court of competent jurisdiction.) If the Contractor uses any design, device, or materials(s) covered by letter, patent or copyright, it is mutually agreed and understood, without exceptions, that the

Contract prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work to be performed hereunder.

V. Severability

The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted, so long as the material purpose can still be determined and effectuated.

W. Use of Funds for Lobbying Prohibited

The Contractor agrees to comply with the provisions of Section 216.347, F.S., which prohibits the expenditure of State funds to lobby for the purpose of lobbying the Legislature, Judicial branch of government, or a State agency.

X. Employment of Department Personnel

The Contractor shall not knowingly engage, employee, or utilize, on a full-time, part- time, or another basis, any current or former employee of the Department, during the period of the Contract, where such employment conflicts with Section 112.3185, F.S.

Y. Tax Exemption

The Department agrees to pay for services according to the conditions of the Contract. The

State of Florida does not pay federal excise taxes or the sale tax on direct purchases of services, and pricing shall not include those taxes.

Z. Conflict of Interest

The Contractor shall not in any manner, any officer, agent, or employee of the Department for any act or service that may be done or performed for, or on behalf of, any officer, agent, or employee of the Contractor. No officer, agent, or employee of the Department shall have any interest, directly or indirectly, in any contract or purchase made or authorized to be made by anyone for, or on behalf of, the Department.

[Remainder of Page Left Blank Intentionally]

Amendment #002

REVISED

Attachment – I Scope of Work

1.1 Specifications

The Vendor shall provide Building Code Administrator (BCA) services and serve as the BCA for the Department as specified in this Contract. The BCA shall evaluate plans, administer, supervise, direct, enforce, and perform permitting inspections and issuance of Certificate of

Occupancy for construction Projects. This will include new construction, site utility plan evaluations, alterations, repairs, remodeling, or demolition of structures for building systems within the boundaries of the State’s jurisdiction and facilities under the authority of the

Department. When permitting is required, the BCA shall ensure compliance with all building, plumbing, mechanical, electrical, gas fuel, energy conservation, accessibility, and other construction codes which are required or adopted by State law. The BCA shall faithfully perform these responsibilities without interference from any person or authority. These services are required for the health, safety, and welfare of the building occupants.

The Department and its General Contractor/Architects will engage the services of the BCA for building code plan evaluation, permitting, and inspection services for the Department in the area and discipline(s). The Department, on occasion, may request building code inspection services to be performed by others within the Department. The Department reserves the right to perform its own inspection services with licensed staff.

The BCA will not be required to permit and inspect mobile homes that are owned by Department employees in institutional staff housing areas.

The BCA shall provide a letter of proposal that estimates the required inspections based on the scope of work prior to the performance of any Contract services for each Project requiring building code services. Upon approval by the Department’s Contract Manager, a PO will be issued.

Attachment II, Contractor’s Negotiated Pricing, reflects the pricing structure for the services sought. The Vendor must provide the services specified in this Contract. The services sought in this Contract will be considered deliverables in the Contract.

1.1.1 Certification

The BCA’s personnel providing services shall possess a current certification issued by the Florida Department of Business and Professional Regulation, State of Florida, to inspect all the disciplines listed in Attachment IX, Code Inspection Request Form. If, at any time, their certification becomes invalid or suspended by the Florida Department of

Business and Professional Regulation, the Department shall be notified immediately in writing by the BCA. The BCA shall not allow any unlicensed personnel to perform any building code inspections.

1.1.2 Applicable Codes

The BCA shall provide all services in accordance with the applicable codes governing building code inspections in each area of the State.

1.1.3 Requests for Services

1.1.3.1 The Department will submit requests to the BCA to perform building code plans examinations of construction documents, involving drawings and specifications, utilizing the Department’s Building Permit Application, Attachment VI.

1.1.3.2 The BCA shall schedule plan examinations of all required disciplines (e.g., building, mechanical, electrical, and plumbing). The BCA shall adhere to all required codes and include a thorough, complete, and professional review utilizing a checklist methodology when conducting plan examinations. The

BCA shall retain all Project documents for a period of five (5) years after the issuance of the C.O.

1.1.3.3 The BCA will email comments, describing all deficiencies with mandatory or required corrections to the Department and the GC/Architect. The BCA shall determine the required response from the GC/Architect to correct all discrepancies. All discrepancies requiring mandatory corrections shall include a reference to the applicable codebook (e.g. building, mechanical, plumbing, or electrical) and cite the codebook paragraph for each code cited.

1.1.3.4 The BCA shall handle any disputes regarding a design deficiency and be the ultimate authority for resolution.

1.1.3.5 Upon receipt of the plans for evaluation, the BCA shall prepare a letter of proposal of services and costs that estimates the required inspections based on the scope of work and submit it to the Contract Manager. The letter of proposal of services and costs shall be provided within five (5) Business Days of receipt of the permit application.

1.1.3.6 The BCA shall evaluate plans and either issue a permit or provide comments as described in 1.1.3.3 above to the Department within 10 Business Days from PO issuance.

1.1.3.7 The BCA shall maintain an electronic database to track all services, including, but not limited to permit costs and inspection times.

1.1.3.8 The BCA…