Okaloosa County BOCC — August 2, 2016 — FleetCor Amendment — reading text

RENEWAL AND FIRST AMENDMENT TO CONTRACT C11-1909-FLT FleetCor Technologies Operating Company, Inc., LLC., DBA Fuelman Fuel Transaction Tracking Agreement This Renewal and First Amendment made and entered into this day of 2016, hereby renews and amends contract C11-1909-FLT, dated October 4, 2011, by and between Okaloosa County, Florida, (hereinafter the “Costumer”) and FleetCor Technologies Operating Company, Inc., LLC., DBA Fuelman (hereinafter the “FleetCor” or “Fuelman”). WHEREAS, on the October 4, 2011, Customer and FleetCor entered into a contract, C11-1909-FLT, which provides Fuel Transaction Tracking; and WHEREAS, the initial term of C11-1909-FLT was for one year, with an automatic renewal unless sixty (60) days termination is given prior to the renewal. The County has annually acknowledged the renewal of this Contract; and WHEREAS, the County finds it in the best interest of the publlc to renew this agreement for an additional year; 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 C11-1909-FLT as follows: 1. CI1-1909-FLT is hereby renewed for an additional term. The contract renewal period shall begin October 05, 2016 and will expire October 04, 2017. 2. C11-1909-FLT is hereby amended to include the following additional provision: 12. Publi¢c Records IF FLEETCOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE FLEETCOR’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. FleetCor must comply with the public records laws, Florida Statute chapter 119, specifically FleetCor 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. . 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 confract term and following completion of the contract if the FleetCor 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 FleetCor or keep and maintain public records required by the County to perform the service, If the FleetCor 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 FleetCor keeps and maintains public records upon completion of the contract, the FleetCor 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. 3. All other provisions of the Contract shall remain in full force and effect through the duration of the renewal. (INTENTIONALLY LEFT BLANK) IN WITNESS WHEREOQF, the parties hereto have executed this renewal and amendment as of the day and year first written. FLEETCOR TECHNOLOGIES OPERATING COMPANY By: “T008 Hrus€ Date: 7 /13 /1( ATTEST: @Mb/wp rmKLLbuv WltnCSS 2 OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr., Chairman Date: ATTEST: I.D. Peacock, II, Clerk of Courts