Okaloosa County BOCC — June 7, 2016 — RENEW &AMENDMENT TO LEASE FOR L91-0057-PW 050416 - 050421 — reading text

RENEWAL AND AMENDMENT TO LEASE L91-0057-PW Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the Sovereignty Submerged Lands Lease for Okaloosa Island Pier This Renewal and 1st Amendment made and entered into this _______ day of _______, 2016, hereby renews and amends contract L91-0057-PW, dated May 4, 1991, by and between Okaloosa County, Florida, (hereinafter the “County”) and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (hereinafter the “Contractor”). WHEREAS, on May 4, 1991, the County and Contractor entered into a contract, L91- 0057-PW, which provides the Sovereignty Submerged Lands Lease for Okaloosa Island Pier; and WHEREAS, the current term of L91-0057-PW shall expire on May 4, 2016, however the contract provides for up to unlimited renewals; and WHEREAS, the parties desire to amend the Contract to include language in the Contract pertaining to Public Records as has recently been amended by the Florida Legislature in the 2016 Laws of Florida chapter 20. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties hereby agree to renew and amend L91-0057-PW as follows: 1. L91-0057-PW is hereby renewed for an additional term. The contract renewal period shall begin May 5, 2016 and will expire May 4, 2021. 2. L91-0057-PW 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: 1. Keep and maintain public records required by the County to perform the service. 2. 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 Florida Statutes or as otherwise provided by law. 1  3. 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. 4. 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. 5. All other provisions of the Contract shall remain in full force and effect through the duration of the renewal. IN WITNESS WHEREOF, the parties hereto have executed this renewal and amendment as of the day and year first written. COMPANY/CONTRACTOR _____________________________ By: ___________________________ Date: __________________________ ATTEST: _______________________________ Witness _______________________________ Witness OKALOOSA COUNTY, FLORIDA ____________________________________ Charles K. Windes, Jr., Chairman Date: _____________________ ATTEST: _______________________________ J.D. Peacock II, Clerk of Courts 2