Okaloosa County BOCC — June 21, 2016 — Transfer Station Extension Okaloosa County — reading text

SECOND AMENDMENT TO SOLID WASTE TRANSFER STATION OPERATION AGREEMENT C00-0408-PW BETWEEN OKALOOSA COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA THIS SECOND AMENDMENT, made this _ day of , 2016, to the Agreement, C00-0408-PW, dated June 2, 2000, as renewed September 21, 2010 and amended November 17, 2015, (collectively “the Agreement”) for transfer station operation and management services by and between Okaloosa County, Florida (the “County™), and Waste Management Inc. of Florida, a Florida corporation (the “Contractor”). WHEREAS, the Contractor currently provides transfer station operation and management services to the County pursuant to the Agreement; and WHEREAS, C00-0408-PW is due to expire September 30, 2016; and WHEREAS, the County and Contractor desire to extend the term of the Agreement. NOW, THEREFORE, the County and Contractor agree as follows: Section 1. Extension of Term. Agreement C00-0408-PW is hereby extended through March 31, 2017. Section 2. C14-2073-WS is hereby amended to include the following additional provision: Public Records 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 OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977 riskinfo@co.okaloosa.fl.us. Contractor must comply with the public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the service. b. Upon request from the County’s custodian of public records, provide the County 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 Florid Statutes 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 County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency 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 the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. Section 3. Modification of Contract. Except as expressly set forth herein or as necessary to carry out the terms of this Amendment and the Agreement, no amendment of the terms of the Agreement is intended hereby and the Agreement and all its terms and conditions shall remain in full force and effect. Section 4. Entirety. This Amendment is hereby incorporated into the Agreement and together therewith they contain the entire Agreement between the parties as to the matters contained therein. 2 Any oral representations or modifications concerning this Agreement shall be of no force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands as of this day of , 2016. OKALOOSA COUNTY ATTEST: By: By: Name: Charles K. Windes, Jr. Name: J.D. Peacock 11 Title: Chairman of the Board of Title: Clerk of Court County Commissioners WASTE MANAGEMENT INC. ATTEST: OF FLORIDA By: /g"‘ % By: Name: AS Name: Lo nai¢ ’IJ,HW."\;) Title: Vl‘cg P,emo_e,\,r Title: Asst. Secretary