Backup Documents 06/11/2019 Item #16A 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 6 A 3
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routin&lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2. __....._-
3. County Attorney Office County Attorney Office
02/19
4. BCC Office Board of County 0f1\b") r/^9
Commissioners ` 3 ( -1 R
5. Minutes and Records Clerk of Court's Office C'/)//)
)311 ' `
PRIMARY CONTACT INFORMATION /
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff / Z 6 oss E L 0 N Phone Number ���� 252
S L b
Contact/ Department L. V
Agenda Date Item was Item Number
06 —
I
6 A d
Approved by the BCC a0 1 9
Type of Document ff� 1 ���" Number of Original
AttachedYr�
L,fci nT A .Q'((.1 01Q Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? X
2. Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on Del i I(enter date)and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
Crystal K. Kinzel
41031Tc1 63
Collier CountyClerk of the Circuit Court and Comptroller
° 03315 Tamiami Trail East, Suite 102
ANaples, Florida 34112-5324
(OUNIN• -�
June 17, 2019
Zachary Easton
DEP—Water Restoration Assistance
Mr. Easton,
Enclosed are three originals of Amendment#2 to DEP Agreement No. S0859 approved by the BCC at their
June 11, 2019 Regular Meeting.
Once the DEP signatures are completed, please send back two fully executed originals to me at the address
below. Please contact me with any questions.
Thank you,
Teresa Cannon, DC
Minutes&Records Department
3299 Tamiami Trail East, Suite#401
Naples, FL 34112
Phone-(239) 252-2646 Fax-(239) 252-2755
Website-www.CollierClerk.com Email- CollierClerk@collierclerk.com
16A3
AMENDMENT NO.2
TO AGREEMENT NO.S0859
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
COLLIER COUNTY
This Amendment to Agreement No. S0859, as previously amended, (Agreement) is made by and between the
Department of Environmental Protection(Department),an agency of the State of Florida,and COLLIER COUNTY.
(Grantee),on the date last signed below.
WHEREAS,the Department entered into the Agreement with the Grantee for Collier County Naples Park Area/Basin
Infrastructure Optimization for Stormwater,Water and Sewer,effective June 1,2016;and,
WHEREAS,the Grantee has requested an extension of the Agreement because more time is needed to complete the
final payment request;and,
WHEREAS,certain provisions of the Agreement need revision and a provision needs to be added to the Agreement.
NOW THEREFORE,the parties agree as follows:
1. The Agreement is effective until December 31,2019. The reimbursement period for this Agreement begins
on July 1,2016 and ends at the expiration of the Agreement. The Department and the Grantee shall continue
to perform their respective duties during this extension period pursuant to the same terms and conditions
provided in the Agreement.
2. Section 29.is hereby deleted and replaced with RESERVED.Attachment F,Public Records Requirements
as attached to this Amendment,is hereby added to the Agreement.
3. Section 32.is added to the Agreement as follows:
REFUND OF PAYMENTS TO THE DEPARTMENT
Any balance of unobligated funds that have been advanced or paid must be refunded to the Department.Any
funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the
Agreement must be refunded to the Department.
4. Attachment A-1, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2,
Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All
references in the Agreement to Attachment A-1 shall hereinafter refer to Attachment A-2,Revised Grant
Work Plan.
5. Attachment B-1, Payment Request Summary Form, is hereby deleted in its entirety and replaced with
Attachment B-2, Revised Payment Request Summary Form, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment B-1, shall hereinafter refer to Attachment B-
2, Revised Payment Request Summary Form.
6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency
may appear between the Agreement and this Amendment,the provisions of this Amendment shall control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.S0859,Amendment No.2,Page 1 of 2
1 6 A 3
IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.50859 to be duly executed,the
day and year last written below.
C LLI R r.O 1TY STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:,.` By:
Chairman Secretary or Designee
wi 1 lam ) dl LtriId ifs Trina Vielhauer,Director of DWRA
Print Name of Authorized Person Print Name and Title of Authorized Person
Date: I-kflk 11sC.A — Date: - --_
\TTES"!
Zachary Easton, DEP Grant Manager
CRYSTAL K KI.NZE CLERK
S .' - lite
- Sandra Waters, DEP QC Reviewer
A `. nt as to Chairman's
pp r ov, a3 4and legality
\ iL______
Scott R.Teach,Deputy County Attorney
List of attachments/exhibits included aspart of this Amendment:
Letter/
Specify Type Number Description(include number of pages)
Attachment A-2 Revised Grant Work Plan(2 Pages)
Attachment B-2 Revised Payment Request Summary Form(6 Pages)
Attachment F Public Records Requirements(1 Page)
DEP Agreement No. S0859,Amendment No.2, Page 2 of 2
16A3
ATTACHMENT A-2
REVISED GRANT WORK PLAN
PROJECT TITLE: Collier County Naples Park Area/Basin Infrastructure Optimization for Stormwater.
Water and Sewer
PROJECT LOCATION: The Project will be located in Naples Park, which is located within the
unincorporated area of North Naples in Collier County,Florida.
PROJECT BACKGROUND: The Project integrates stormwater, water and wastewater elements to
achieve capital improvement efficiencies,maximize community convenience and to protect impaired water
bodies in the Naples Park Community which is a financially disadvantaged community (Low Income
Census Block Group),. The Naples Park Community,which began developing in the 1950s,encompasses
twenty-one(21)streets. The goal of the program is to target one(1)to two(2)streets per phase to address
stormwater,water and wastewater issues.The current phase will include improvements along 110th Avenue
N and 107th Avenue N within the community.
The stormwater collection system historically consisted of roadside ditches and driveways with a culvert
pipe to allow storm water to flow under and through the driveway.Most of these culverts and piping are in
need of replacement. Significant sections of the streets within this community experience chronic flooding
during normal or slightly above normal rainfall conditions due to poor conditions of the internal street side
collection and conveyance system.
The potable water system was installed over 40 years ago and is made of asbestos cement pipe that has
reached the end of its useful life.Due to the pipe's age and environment,there is an ever-increasing number
of water main leaks and breaks,which directly affect the Collier County Water and Sewer District's ability
to supply uninterrupted service to its customers.There are a limited number of isolation valves in this area,
limiting operational control during maintenance of the distribution system. The system also lacks a
sufficient number of fire hydrants,limiting the fire protection in the area.
The sewer system was installed over 40 years ago and due to its age,the vitrified clay pipe gravity sewer
system needs to be replaced. Replacement is needed to minimize the likelihood of sanitary system
overflows and ensure continued effectiveness of the wastewater collection infrastructure.
PROJECT DESCRIPTION: The Grantee will address stormwater management, water and wastewater
distribution issues along 110th Avenue N and 107th Avenue N. Stormwater improvements include runoff
collection and conveyance improvements, replacing deteriorated culverts to reduce potential flooding, ,
installing perforated pipes,and reconstructing the roadside stormwater management system. Water quality
improvements,prior to discharge into Vanderbilt Lagoon, will be made by installing perforated pipes and
reconstructing the swale system, which promotes water infiltration into the ground, and the installation of
sedimentation traps. Water improvements will minimize potable water service interruptions to residents
and businesses in Naples Park by removing old asbestos-concrete pipes and installing new PVC pipes;
upgrading the diameter of pipes for a better distribution system; replacing old fire hydrants and installing
additional fire hydrants in the area; and installing back flow preventers for each service connection to
protect the water distribution system. Sewer/wastewater improvements will improve the effectiveness of
the wastewater collection; minimize the likelihood of sanitary system overflows in environmentally
sensitive areas;replace old clay pipes with PVC pipes;replace old force mains;and rehabilitate and replace
pump stations.
DEP Agreement No.S0859,Attachment A-2,Page 1 of 2
16A3
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task 1: Construction
Deliverables:The Grantee will construct Water,Stormwater,and Wastewater improvements in accordance
with the construction contract documents.
Documentation:The Grantee will submit a signed acceptance of the completed work to date by the Grantee
and the Engineer's Certification of Payment Request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation
received by,the corresponding task end date.
Task Budget Budget Task Start Task End
No. Task Title Category Amount Date Date
1 Construction Contractual $750,000 07/01/2015 06/30/2019
Services
Total: $750,000
Note that,per paragraph 4 of the agreement,authorization for continuation and completion of work and any
associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations.Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Grantee with
this and future requests for extension.
DEP Agreement No. S0859, Attachment A-2, Page 2 of 2
16A3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Payment Request Summary Form
Attachment B-2
The Payment Request Summary Form for this grant can be found on our website at this link:
Please use the most current form found on the website, linked above, for each payment request.
16A3
ATTACHMENT F,PUBLIC RECORDS REQUIREMENTS
1. Public Records
a. If the Agreement exceeds$35,000.00,and if the Grantee is acting on behalf of the Department in its performance
of services under the Agreement,the Grantee 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
Grantee in conjunction with the Agreement(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 Agreement if the Grantee refuses to allow public access to Public
Records as required by law.
2. Additional Public Records Duties of Section 119.0701,F.S., If Applicable.
For the purposes of this paragraph,the term"contract" means the"Agreement." If the Grantee is a"contractor"
as defined in section 119.0701(1)(a),F.S.,the following provisions apply and the Contractor shall:
a. Keep and maintain Public Records required by the Department to perform the service.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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 flAi
Mailing address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. S0859,Attachment F, Page 1 of 1
16 A3
MEMORANDUM
Date: July 1, 2019
To: Liz Gosselin, Associate Project Manager
Capital Project/Impact Fees/Project Management
From: Teresa Cannon, Senior Deputy Clerk
Board Minutes & Records Department
Re: 2°' Amendment to FDEP Agreement #S0859
Attached for your records is an original of the document referenced above,
(Item #16A3) approved by the Board of County Commissioners on Tuesday, June 11,
2019.
An original will be kept by the Board's Minutes and Record's Department as part of
the Board's Official Record.
If you have any questions, please call me at 252-8411.
Thank you.
Attachment
16 A3
19 s. 414 if 4
AMENDMENT NO.2
TO AGREEMENT NO.S0859 ,^3 f - Gye.
ukiR
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND ':
COLLIER COUNTY
This Amendment to Agreement No. S0859, as previously amended, (Agreement) is made by and between the
Department of Environmental Protection(Department),an agency of the State of Florida,and COLLIER COUNTY.
(Grantee),on the date last signed below.
WHEREAS,the Department entered into the Agreement with the Grantee for Collier County Naples Park Area/Basin
Infrastructure Optimization for Stormwater,Water and Sewer,effective June 1,2016;and,
WHEREAS,the Grantee has requested an extension of the Agreement because more time is needed to complete the
final payment request;and,
WHEREAS,certain provisions of the Agreement need revision and a provision needs to be added to the Agreement.
NOW THEREFORE,the parties agree as follows:
I. The Agreement is effective until December 31,2019. The reimbursement period for this Agreement begins
on July 1,2016 and ends at the expiration of the Agreement. The Department and the Grantee shall continue
to perform their respective duties during this extension period pursuant to the same terms and conditions
provided in the Agreement.
2. Section 29.is hereby deleted and replaced with RESERVED.Attachment F,Public Records Requirements
as attached to this Amendment,is hereby added to the Agreement.
3. Section 32. is added to the Agreement as follows:
REFUND OF PAYMENTS TO THE DEPARTMENT
Any balance of unobligated funds that have been advanced or paid must be refunded to the Department.Any
funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the
Agreement must be refunded to the Department.
4. Attachment A-1, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-2,
Revised Grant Work Plan,as attached to this Amendment and hereby incorporated into the Agreement.All
references in the Agreement to Attachment A-1 shall hereinafter refer to Attachment A-2,Revised Grant
Work Plan.
5. Attachment B-1, Payment Request Summary Form, is hereby deleted in its entirety and replaced with
Attachment B-2, Revised Payment Request Summary Form, attached hereto and made a part of the
Agreement. All references in the Agreement to Attachment B-1, shall hereinafter refer to Attachment B-
2, Revised Payment Request Summary Form.
6. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency
may appear between the Agreement and this Amendment,the provisions of this Amendment shall control.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No.S0859,Amendment No.2,Page 1 of 2
31'
16 A3
IN WITNESS WHEREOF,the parties have caused this amendment to Agreement No.S0859 to be duty executed,the
day and year last written below.
C LLI R!.O,fTY -- .,, STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
''''',... Ali* r -(f: 4
By:,,-' By' --
Chairman Secretary or Designee
�i I (aril r 1`1Ij)C T\Id )r, Trina Vielhauer,Director of DWRA
Print Name of Authorized Person Print Name and Title of Authorized Person
Date: _ Llt-1k 01 ex�� Date: lQ ( 1"L I Cq- i--
1,rrl*11
Zac ary Easton, DEP Grant Manager
CRINTAL 1;x..14. CLERK
.1 ti
..26"---jAP-6(..
•
,, Sandra Waters, DEP QC Reviewer
°', .94'rp-Ro}�,,,e`ic l fi'tdll'S
p ov `at to nip and legality
OC z - ile., L_
Scott R.Teach,Deputy County Attorney
List of attachments/exhibits included as part of this Amendment:
Letter/
Specify Type Number Description(include number of pages)
Attachment A-2 Revised Grant Work Plan(2 Pages)
Attachment B-2 Revised Payment Request Summary Form(6 Pages)
Attachment F Public Records Requirements(1 Page)
DEP Agreement No.S0859,Amendment No.2,Page 2 of 2
1 6 A 3
ATTACHMENT A-2
REVISED GRANT WORK PLAN
PROJECT TITLE: Collier County Naples Park Area/Basin Infrastructure Optimization for Stormwater,
Water and Sewer
PROJECT LOCATION: The Project will be located in Naples Park, which is located within the
unincorporated area of North Naples in Collier County,Florida.
PROJECT BACKGROUND: The Project integrates stormwater, water and wastewater elements to
achieve capital improvement efficiencies,maximize community convenience and to protect impaired water
bodies in the Naples Park Community which is a financially disadvantaged community (Low Income
Census Block Group),. The Naples Park Community,which began developing in the 1950s,encompasses
twenty-one(21)streets.The goal of the program is to target one(1)to two(2)streets per phase to address
stormwater,water and wastewater issues.The current phase will include improvements along 110th Avenue
N and 107th Avenue N within the community.
The stormwater collection system historically consisted of roadside ditches and driveways with a culvert
pipe to allow storm water to flow under and through the driveway.Most of these culverts and piping are in
need of replacement. Significant sections of the streets within this community experience chronic flooding
during normal or slightly above normal rainfall conditions due to poor conditions of the internal street side
collection and conveyance system.
The potable water system was installed over 40 years ago and is made of asbestos cement pipe that has
reached the end of its useful life.Due to the pipe's age and environment,there is an ever-increasing number
of water main leaks and breaks,which directly affect the Collier County Water and Sewer District's ability
to supply uninterrupted service to its customers.There are a limited number of isolation valves in this area,
Iimiting operational control during maintenance of the distribution system. The system also lacks a
sufficient number of fire hydrants,limiting the fire protection in the area.
The sewer system was installed over 40 years ago and due to its age,the vitrified clay pipe gravity sewer
system needs to be replaced. Replacement is needed to minimize the likelihood of sanitary system
overflows and ensure continued effectiveness of the wastewater collection infrastructure.
PROJECT DESCRIPTION: The Grantee will address stormwater management, water and wastewater
distribution issues along 110th Avenue N and 107th Avenue N. Stormwater improvements include runoff
collection and conveyance improvements, replacing deteriorated culverts to reduce potential flooding, ,
installing perforated pipes,and reconstructing the roadside stormwater management system. Water quality
improvements,prior to discharge into Vanderbilt Lagoon,will be made by installing perforated pipes and
reconstructing the swale system, which promotes water infiltration into the ground,and the installation of
sedimentation traps. Water improvements will minimize potable water service interruptions to residents
and businesses in Naples Park by removing old asbestos-concrete pipes and installing new PVC pipes;
upgrading the diameter of pipes for a better distribution system; replacing old fire hydrants and installing
additional fire hydrants in the area; and installing back flow preventers for each service connection to
protect the water distribution system. Sewer/wastewater improvements will improve the effectiveness of
the wastewater collection; minimize the likelihood of sanitary system overflows in environmentally
sensitive areas;replace old clay pipes with PVC pipes;replace old force mains;and rehabilitate and replace
pump stations.
DEP Agreement No. S0859,Attachment A-2,Page 1 of 2 ;O;
16 A3
TASKS:
All documentation should be submitted electronically unless otherwise indicated.
Task l: Construction
Deliverables:The Grantee will construct Water,Stormwater,and Wastewater improvements in accordance
with the construction contract documents.
Documentation:The Grantee will submit a signed acceptance of the completed work to date by the Grantee
and the Engineer's Certification of Payment Request.
Performance Standard: The Department's Grant Manager will review the documentation to verify that
the deliverables are completed as described above. Upon review and written acceptance by the
Department's Grant Manager,the Grantee may proceed with payment request submittal.
Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more
frequently than monthly.
PROJECT TIMELINE& BUDGET DETAIL: The tasks must be completed by,and all documentation
received by,the corresponding task end date.
Task Task Title Budget Budget Task Start Task End
No. Category Amount Date Date
1 Construction Contractual $750,000 07/01/2015 06/30/2019
Services
Total: $750,000
Note that,per paragraph 4 of the agreement,authorization for continuation and completion of work and any
associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Grantee with
this and future requests for extension.
DEP Agreement No. S0859,Attachment A-2, Page 2 of 2 tea '
16 A3
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Payment Request Summary Form
Attachment B-2
The Payment Request Summary Form for this grant can be found on our website at this link:
Please use the most current form found on the website, linked above, for each payment request.
16 A3
ATTACHMENT F,PUBLIC RECORDS REQUIREMENTS
1. Public Records
a. If the Agreement exceeds$35,000.00,and if the Grantee is acting on behalf of the Department in its performance
of services under the Agreement,the Grantee 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
Grantee in conjunction with the Agreement(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 Agreement if the Grantee refuses to allow public access to Public
Records as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph,the term"contract"means the"Agreement." If the Grantee is a"contractor"
as defined in section 119.0701(1)(a),F.S.,the following provisions apply and the Contractor shall:
a. Keep and maintain Public Records required by the Department to perform the service.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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: nuh?ic.selvices,r den.state.fl.u,,
Mailing address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
DEP Agreement No. S0859,Attachment F, Page 1 of 1