CN-370000-WQ019-A3.pdf

Contract No. WQ019 Amendment No. 3

Rev. 09/25/18

AMENDMENT NO. 3

TO CONTRACT NO. WQ019

BETWEEN

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

AND

WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIONS, INC.

This Amendment to Contract No. WQ019, as previously amended, (Contract) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Wood Environment & Infrastructure Solutions, Inc., 200 East Edgewood Drive, Suite 215, Lakeland, Florida 33803 (Contractor), on the date last signed below.

WHEREAS, the Department entered into the Contract with the Contractor for Technical Support for Total Maximum Daily Loads (TMDLs), Basin Management Action Plans (BMAPs), Subcategory 4b (Reasonable Assurance), and 4e (Pollutant Reduction) Plans, Class III-Limited Petitions, and Site Specific Alternative Criteria (SSACs) effective April 21, 2015; and

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

NOW THEREFORE, the parties agree as follows:

1. The Contract is extended for a six-month period to begin April 21, 2020, and remain in effect until October 19, 2020.

The Department and the Contractor shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Contract.

2. Exhibit A, Public Records Requirements, is hereby deleted in its entirety and replaced with Exhibit A-1, Revised Public Records Requirements, as attached to this Amendment.

3. All other terms and conditions of the Contract remain in effect. If and to the extent that any inconsistency may appear between the Contract and this Amendment, the provisions of this Amendment shall control.

The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below.

Wood Environment & Infrastructure Solutions, Inc.

Florida Department of Environmental Protection

By: ______________________________ Title:

By: __________________________ Secretary or Designee

Date: ____________________________ Date: _________________________

List of attachments/exhibits included as part of this Contract:

Specify Type /

Letter Description Exhibit A-1 Revised Public Records Requirements (1 page)

EXHIBIT A-1, REVISED PUBLIC RECORDS REQUIREMENTS

4-1-2020

Michael D. Phelps Contract Manager

4/3/2020

Contract No. WQ019 Amendment No. 3

Rev. 09/25/18

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