Okaloosa County BOCC — July 19, 2016 — Contract Amendment

FIRST AMENDMENT TO CONTRACT C16-2396-PW GAP Creek Stormwater Improvement Project This First Amendment made and entered into this &7] day of . 53;&! , 2016, hereby amends contract C16-2396-PW, dated April 25, 2016, by and between Okaloosa County, Florida, (hereinafter the “County”) and Carter’s Contracting Services, Inc. (hereinafter the “Contractor™). WHEREAS, on April 25, 2016, the County and Contractor entered into a contract, C16- 2396-PW, to make improvements to the Popular Ave. Stormwater Pond (part of the Gap Creek Drainage Basin); and WHEREAS, the parties desire to amend the Contract to include language in the Contract pertaining to record access and retention as depicted in the DEP Grant G0326; 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 C16-2396-PW as follows: 1. Attachment K Contract Provisions is amended to include the following additional provision: 24. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. = The United States Environmental Protection Agency, the Comptroller General of the United States, the Department of Environmental Protection, the State, or their authorized representatives, Okaloosa County, Okaloosa County Clerk of Court’s Inspector General or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 2. C16-2396-PW is hereby amended to include the following additional provision: XIII. 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, email: 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 Florida 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