CN-370000-GW284-A1.pdf

Contract No. GW284 Amendment No. 1

Rev. 07/11/18

AMENDMENT NO. 1

TO CONTRACT NO. GW284

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

FLORIDA GROUND WATER ASSOCIATION, INC.

This Amendment to Contract No. GW284, (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Florida Ground Water Association, Inc., 325 John Knox Road, L-103, Tallahassee, Florida 32303 (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor, to provide coursework and continuing education for water well contractor licensure and license renewal, effective February 19, 2014; and

WHEREAS, the parties wish to amend the Contract as set forth herein to extend the contract period.

NOW THEREFORE, the parties agree as follows:

1. The Contract is renewed, for a five (5) year period to begin February 19, 2019 and remain in effect until February 18, 2024. The Department and the Contractor shall continue to perform their respective duties during this renewal period pursuant to the same terms and conditions provided in the Contract.

2. Paragraph 5 is hereby deleted in its entirety and replaced with the following:

Notice. All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient.

3. Paragraph 6 is hereby deleted in its entirety and replaced with the following:

Identification of Contract Managers. All matters shall be directed to the Contract Managers for appropriate action or disposition. Any changes to the Contract Manager information identified below must be noticed, in writing, to the other party within ten (10) days of the change. Either party may provide notice to the other party by email identifying a change of a designated Contract Manager and providing the new contract information for the newly designated Contract Manager. Such notice is sufficient to effectuate this change without requiring a written amendment to the Contract. Department and the Local Program Contract Managers and contact information are provided below:

Contractor Department Florida Ground Water Association, Inc. Department of Environmental Protection 325 John Knox Rd, L-103 Division of Water Resource Management Tallahassee, Florida 32303 2600 Blair Stone Road, MS# 3580 Attn: Attn: Danielle Jessup Mgr Tallahassee, Florida 32399-2400 Phone Number: (844) 359-9238 Attn: Cindy Fischler Email: djessup@executiveoffice.org Phone Number: (850) 245-8658 Email: cindy.fischler@dep.state.fl.us

4. Paragraph 15 is hereby deleted in its entirety and replaced with the following:

Public Records. Public Records Requirements (Exhibit A), as attached to this Contract, are hereby incorporated into the Contract.

mailto:djessup@executiveoffice.org mailto:cindy.fischler@dep.state.fl.us

Contract No. GW284 Amendment No. 1

Rev. 07/11/18

EXHIBIT A, PUBLIC RECORDS REQUIREMENTS

A. Public Records Access Requirements.

a. If the Contract exceeds $35,000.00, and if the Contractor is acting on behalf of the Department in its performance of services under the Contract, the Contractor must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Contractor in conjunction with the Contract (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S.

b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access to Public Records as required by law.

B. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.

If the Contractor is a “contractor” as defined in section 119.0701(1)(a), F.S., the Contractor shall:

(1) Keep and maintain Public Records required by the Department to perform the service.

(2) Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law.

(3) A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S.

(4) 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 Public Records to the Department.

(5) Upon completion of the Contract, transfer, at no cost, to the Department all Public Records in possession of the Contractor or keep and maintain Public Records required by the Department to perform the service. If the Contractor transfers all Public Records to the Department 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 Public Records. All Public Records stored electronically must be provided to the Department, upon request from the Department’s custodian of Public Records, in a format specified by the Department as compatible with the information technology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the Contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the Contractor is authorized to access.

(6) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,

F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE

CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT:

Telephone: (850) 245-2118 Email: public.services@dep.state.fl.us Mailing Address: Department of Environmental Protection

ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 mailto:public.services@dep.state.fl.us