Okaloosa County BOCC — June 21, 2016 — 1st Amendment to Agreement — reading text

FIRST AMENDMENT TO AGREEMENT C14-2187-WS Constantine Engineering, Inc. / Consulting Services for the Arbennie Pritchett Water Reclamation Facility 5 MGD Expansion Design Build Project This First Amendment made and entered into this day of , 2016, hereby amends agreement C14-2187-WS (“Contract”), dated 6/23/2014, by and between Okaloosa County, Florida, (hereinafter the “County”) and Constantine Engineering, Inc. (hereinafter the “Consultant”). WHEREAS, on 6/23/2014, the County and Consultant entered into a contract, C14-2187- WS, an agreement for consulting services for the Arbennie Pritchett Water Reclamation Facility (“APWREF”) Expansion Design Build Project (“Project”); and WHEREAS, beginning 6/30/2016, the land application of septage from onsite sewage treatment and disposal systems will be prohibited per section 381.0065(6), Florida Statutes. As the County desires for the citizens and businesses of the County to be in compliance with Florida Statutes, and the County believes in stewardship and preservation of the environment, treatment of septage at a public water reclamation facility is the only option. To make that possible, facilities would need to be designed and constructed at the APWREF, so that it is capable of receiving domestic septic tank waste and fats, oils, and grease (“FOG”) from commercial grease traps; and WHEREAS, because of the mandate above related to section 281.0065(6), Florida Statues, time is of the essence, creating a need for septage/FOG facilities at the APWRF to be fast-tracked through design, procurement, and construction; and WHEREAS, the APWRF is a complex state-of-the-art water reclamation facility with many components and sub-processes that are integrated together for one treatment process, that is a combined physical, biological, and chemical process; 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 amend C14-2187-WS as follows: 1. Exhibit A (Scope of Basic Services) of C14-2187-WS is hereby replaced with “Amendment 1 to Exhibit A” (attached). 2. Exhibit B (Compensation) of C14-2187-WS is hereby replaced with “Amendment 1 to Exhibit B” (attached). 3. Cl14-2187-WS is hereby amended to include the following additional provision: Public Records IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 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. Consultant must comply with the public records laws, Florida Statute chapter 119, specifically Consultant 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 Florid Statutes or as otherwise provided by law. 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 consultant 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 consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the consultant keeps and maintains public records upon completion of the contract, the consultant 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. 4, 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. CONSULTANT Constantine Engineering, Inc. Ny J osepIN}. Qrews, Vice President Date: G-\VA-\\ ATTEST: L Witness OKALOOSA COUNTY, FLORIDA Charles K. Windes, Jr., Chairman Date: ATTEST: J.D. Peacock II, Clerk