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HomeMy WebLinkAboutResolution No. 26-71RESOLUTION NO. 26-71 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AWARDING A MULTI-YEAR CONTRACT FOR FARMERS MARKET OPERATOR SERVICES TO DIG LOCAL NETWORK, INC., A 501(c)(3) NONPROFIT ORGANIZATION, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS RESOLUTION. WHEREAS, on April 27, the City Commission approved Resolution No. 26-65, authorizing the City Manager to negotiate an operating agreement for the City's farmer's market; and WHEREAS, the City of Atlantic Beach previously issued a Request for Proposals (RFP) seeking qualified vendors to manage and operate the City's farmer's market and Dig Local Network, Inc was selected as the operator; and WHEREAS, the mission of the farmer's market is to promote locally produced food and artisan goods, support the local economy, expand market opportunities for farmers and small businesses, and provide residents with access to a diverse selection of locally and regionally sourced products while fostering community engagement; and WHEREAS, the RFP process resulted in the selection of Dig Local Network, Inc. as the preferred vendor to manage and operate the farmer's market. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission hereby authorizes awarding a Multi -Year Contract (Exhibit 1) for farmers market operator services Dig Local Network, Inc., a 501(c)3 nonprofit organization. SECTION 2. The term of the contract shall be in effect for a period of three (3) years with the opportunity for renewal. SECTION 3. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the City of Atlantic Beach, this 26th day of May, 2026. Curtis Ford, May4r Attest: Donna L. Bartle, City Clerk Approve 7ofio and correctness: 9—ty—c- Jason Gabriel, City Attorney Exhibit 1 CITY OF ATLANTIC BEACH FARMERS MARKET OPERATOR AGREEMENT AGREEMENT made and entered into this day of 2026 at Atlantic Beach, Duval County, Florida, by and between CITY OF ATLANTIC BEACH, a Florida municipal corporation, 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter "City"), and DIG LOCAL NETWORK, INC., a 501(c)(3) nonprofit organization of Atlantic Beach, Florida, P.O. Box 331015, Atlantic Beach, FL 32233 (hereinafter "Operator"). 1. Term and Renewal: This Agreement is effective July 1, 2026, for a initial term of three (3) years, expiring June 30, 2029, unless sooner terminated as provided herein. The City, at its sole option and upon written notice to Operator, may renew this Agreement for up to two (2) additional terms of two (2) years each, provided that Operator is in good standing and not in default. No renewal shall be automatic, and any renewal shall require the prior written approval of the City. The City may terminate this Agreement, for convenience and without cause, upon sixty (60) days' prior written notice to Operator. Operator may terminate this Agreement upon one hundred eighty (180) days' prior written notice to the City. The City's right to terminate for cause under Section 18 (Default) shall be in addition to, and not in lieu of, the foregoing termination rights. Notwithstanding the foregoing, the City may terminate this Agreement immediately and without penalty in the event of (i) Operator's loss of 501(c)(3) status, (ii) Operator's insolvency, dissolution, or filing of bankruptcy, (iii) lapse or cancellation of required insurance, or (iv) any condition that, in the City Manager's reasonable judgment, poses an imminent threat to public health, safety, or welfare. 2. Scope of Services: Operator shall manage and operate the Atlantic Beach Farmers Market at Jack Russell Park, including vendor management, scheduling, compliance, safety, setup and teardown oversight, and site cleanliness. The Market shall be held on Sundays from 10 a.m. to 2 p.m. Any deviations in time or location are subject to the prior written approval of the City Manager, which may be granted or withheld in the City's sole discretion. The Operator shall submit a site map for vendor stall placements to the City for prior written approval not less than thirty (30) days before the first market day of each calendar year, and may be required to periodically rotate stall locations within the park to minimize wear and tear in specific areas. Operator shall, at its sole cost and expense, obtain and maintain all permits, licenses, and approvals required by federal, state, or local law for the operation of the Market, including without limitation any business tax receipt, food -handling permits, and Florida Department of Agriculture and Consumer Services approvals. Operator shall complete all setup, teardown, removal of debris and equipment, and restoration of the site to its pre -market condition by no later than 4:00 p.m. on each market day. Operator shall be responsible for any damage to City property caused by Operator, its agents, employees, vendors, or Invitees, and shall repair or, at the City's election, reimburse the City for the cost of repairing such damage within thirty (30) days of written demand. This Agreement grants Operator a non-exclusive, revocable license to use the designated portion of Jack Russell Park solely for the purposes set forth herein, and creates no leasehold, easement, tenancy, or other property interest in favor of Operator. 3. Vendor Capacity: A maximum of 50 vendors and two food trucks is permitted. 67789696 v Exhibit 1 4. Vendor Selection: Operator shall give priority to vendors that sell farm produce, meat, honey, dairy, and eggs. 5. Vendor Fees: Vendor booth fees are set at $35 per vendor per market. Operator shall remit $5 per vendor per market to the City, payable not later than the tenth (10th) day of the calendar month following the month in which the market days occurred. Each remittance shall be accompanied by a written report, in a form acceptable to the City, identifying for each market day during the reporting period: (i) the date of the market, (ii) the names of each vendor and food truck, (iii) the booth fee collected from each, and (iv) the total amount remitted to the City. Any payment not received by the City within ten (10) days after its due date shall accrue a late charge equal to the greater of $50.00 or one and one-half percent (1.5%) per month on the unpaid balance, in addition to all other remedies available to the City. Vendor booth fees and the per -vendor remittance to the City may be adjusted by the City Commission upon ninety (90) days' prior written notice to Operator. Operator shall maintain complete and accurate books and records of all Market revenues and expenses for a period of not less than five (5) years following the end of each fiscal year, and shall make such books and records available for inspection and audit by the City or its designated representatives upon not less than five (5) business days' written notice during normal business hours. Operator shall reimburse the City for the reasonable cost of any audit that reveals an underpayment to the City of five percent (5%) or more for the period audited. 6. Parking Plan: Operator must submit a written parking plan for City approval. 7. Reporting Requirements: Operator must maintain bookkeeping by a licensed accountant and submit an Annual Statement of Income and Expense, IRS Form 990, and Articles of Incorporation annually. 8. Marketing Requirements: All advertising shall display the City of Atlantic Beach as the primary sponsor, and the City logo must appear prominently on all promotional materials. Operator shall submit all advertising, promotional materials, press releases, social media content referencing the City, and any other materials bearing the City name, seal, or logo to the City for prior written approval, which the City may grant or withhold in its sole discretion. The City hereby grants Operator a limited, non-exclusive, non -transferable, royalty -free, revocable license to use the City's name and logo solely in connection with the Market and solely as approved by the City; this license terminates automatically upon expiration or termination of this Agreement. Operator shall not make any statement or representation that the City endorses any vendor, product, or service offered at the Market. Operator may not use the City's name, seal, or logo to solicit donations or sponsorships without the City's prior written consent. 9. Insurance: Operator shall always maintain during the term, at Operator's cost, a comprehensive commercial general liability insurance policy on an occurrence basis, including premises/operations, products and completed operations, personal and advertising injury, and contractual liability coverages, protecting the City against all claims or demands that may arise or be claimed on account of Operator's use of the premises. This policy shall be in an amount of at least $1,000,000 per occurrence and $2,000,000 in the general aggregate for bodily injury, personal injury, and property damage, with a separate $2,000,000 products and completed operations aggregate. In addition, Operator shall maintain (a) Business Automobile Liability insurance 2 67789696 vi Exhibit 1 covering all owned, hired, and non -owned vehicles in an amount not less than $1,000,000 combined single limit per accident; (b) Workers' Compensation insurance in accordance with Chapter 440, Florida Statutes, and Employer's Liability insurance with limits of not less than $500,000 each accident, $500,000 each employee/disease, and $500,000 disease policy limit, or evidence of a valid exemption acceptable to the City; and (c) if any vendor sells, serves, or distributes alcoholic beverages at the Market, Liquor Liability insurance with limits of not less than $1,000,000 per occurrence. The City may, upon written notice, require Operator to increase any of the foregoing limits to commercially reasonable amounts not more than once per renewal term. The insurance shall be written by a company or companies authorized to do business in the State of Florida and rated not less than A- VII by A.M. Best, and otherwise acceptable to the City's Risk Manager. Operator shall deliver to the City satisfactory proof of such insurance and shall name the City, its officers, officials, employees, agents, and volunteers, as additional insureds on a primary and non-contributory basis under said policies (other than Workers' Compensation). Each policy shall include a waiver of subrogation in favor of the City and its officers, officials, employees, agents, and volunteers. Each policy shall provide that it may not be canceled, non - renewed, or materially modified except upon not less than thirty (30) days' prior written notice to the City (ten (10) days' notice for non-payment of premium). Operator shall provide the City annual certificates of insurance (COIs) at least thirty (30) days prior to any renewal or expiration. Operator shall notify the City immediately in writing of any claims or incidents, and in any event no later than three (3) days after the filing of any incident or claim. Operator shall require all vendors and food trucks participating in the Market to maintain commercial general liability insurance of not less than $1,000,000 per occurrence, naming the City and Operator as additional insureds, and shall collect and retain certificates of insurance evidencing such coverage prior to permitting any vendor to participate. The insurance required herein shall not be construed to limit Operator's liability under this Agreement, including its indemnification obligations. 10. Indemnification: Operator agrees to indemnify, defend (inclusive of any and all attorneys' fees, costs, and expenses, including those incurred on appeal, and with counsel reasonably acceptable to the City), and hold harmless the City, its elected and appointed officials, officers, employees, agents, and volunteers, from any and all liability, defense costs, loss, or damage which the City may suffer as a result of claims, demands, costs, or judgments against it arising from (a) any act, omission, negligence, willful misconduct, breach of this Agreement, or violation of law by, (b) any injury to or death of any person, or any damage to or loss of property, caused in whole or in part by, or (c) any food -borne illness, alleged unsafe condition, intellectual property infringement, or employment-related claim arising from the acts or omissions of, Operator (or any of Operator's officers, directors, employees, contractors, subcontractors, vendors, food trucks, agents, affiliates, participants, spectators, invitees, representatives, or otherwise ["Invitees"]) in its use of the Facilities. Operator assumes liability for any and all of its (and its Invitees') activities and operations conducted on, in, and around the Facilities, Jack Russell Park, and surrounding areas, including but not limited to ancillary activities such as food preparation, sampling, storage, and handling, parking management, ingress and egress, and use of any City facilities or equipment. The City reserves the right, in its sole discretion, to participate in the defense of any such claim with counsel of its own choosing at Operator's expense, or to assume control of the defense, in which case Operator shall continue to be obligated for all defense costs. Operator shall not settle or compromise any claim subject to this Section without the City's prior written consent. This indemnification shall survive the expiration or termination of this Agreement. Nothing herein shall 3 67789696 v1 Exhibit 1 be construed as a waiver by the City of the limits of liability, sovereign immunity, or other protections set forth in Section 768.28, Florida Statutes, or any other applicable law. 11. Public Records: Operator agrees to comply with the public records provisions contained in Exhibit A, attached hereto and made a part hereof. Operator is a "contractor" as defined in Section 119.0701, Florida Statutes, and shall comply with all requirements of that section, including without limitation the obligation to: (a) keep and maintain public records required by the City to perform the services; (b) upon request from the City's custodian of public records, provide the City 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 by 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 Operator does not transfer the records to the City; and (d) upon completion of the contract, transfer, at no cost, to the City all public records in possession of Operator or keep and maintain public records required by the City to perform the services. If Operator transfers all public records to the City upon completion of the contract, Operator shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Operator keeps and maintains public records upon completion of the contract, Operator shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the City's information technology systems. IF OPERATOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO OPERATOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: City Clerk, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, telephone (904) 247-5810, email cityclerk@coab.us. Failure of Operator to comply with the public records provisions of this Agreement or Chapter 119, Florida Statutes, shall be grounds for immediate unilateral termination of this Agreement by the City. 12. Modifications: Modifications, amendments, or alterations of the terms or conditions of this Agreement are permitted only via written documents executed by both parties. The City Manager is authorized to execute non -material amendments on behalf of the City, including administrative or ministerial changes to schedules, site maps, parking plans, and reporting forms. Any modification that (i) increases the City's financial obligation or decreases the fees payable to the City, (ii) extends the term, (iii) materially expands the scope of services or the area of City property subject to this Agreement, (iv) waives or modifies the indemnification, insurance, or termination provisions hereof, or (v) is otherwise material in nature, shall require the prior approval of the Atlantic Beach City Commission. No oral statement, course of dealing, or course of performance shall amend or modify this Agreement. 13. Compliance: Operator shall comply with all applicable federal, state, and local laws, ordinances, codes, rules, and regulations, all City requirements, and all vendor rules, including without limitation those relating to sourcing, sustainability, waste management, food safety (including the Florida Food Safety Act and the Florida Department of Agriculture and Consumer Services Cottage Food rules), and public safety. Operator shall not, and shall not permit any vendor 4 67789696 v Exhibit 1 to, discriminate against any person on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or any other classification protected by federal, state, or local law. Operator shall comply with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and shall ensure that the Market is accessible to persons with disabilities. Operator shall comply with Section 448.095, Florida Statutes, regarding E -Verify, and shall register with and use the U.S. Department of Homeland Security's E -Verify system to verify the work authorization status of all new employees hired during the contract term. Operator certifies that it is not on the Scrutinized Companies that Boycott Israel List, the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or any similar list maintained pursuant to Section 215.473 or 287.135, Florida Statutes, and is not engaged in a boycott of Israel. Operator further certifies that it is not on the Convicted Vendor List or the Discriminatory Vendor List maintained by the Florida Department of Management Services. 14. Termination of Market Day: The City may terminate any single market day for safety or compliance reasons at its discretion. 15. Weather, Lightning, and Emergency Suspension Procedures: The Operator shall comply with all provisions of the City of Atlantic Beach Special Event Weather Policy and acknowledges that the City utilizes the Thor Guard Lightning Prediction System to monitor weather conditions and ensure event safety. If inclement weather is forecasted in advance, the Operator shall submit a weather plan by Friday at noon for City staff review and approval. 15.1 Lightning Detection System Compliance: The Operator shall follow all warnings produced by the Thor Guard system locations, including the unit located at Russell Park, the official market location. The Operator shall monitor weather conditions continuously throughout the market day. 15.2 Mandatory Suspension Upon Alerts: The Operator agrees to the following mandatory procedures: o a. When a RED ALERT is issued (One 15 -second horn blast + flashing strobe light): • All market activities must cease immediately. • All vendors, staff, volunteers, and attendees must be directed to shelter in enclosed buildings (preferred) or hard -topped vehicles. • No one shall remain in open fields, under trees, near metal structures, or near water. o b. During Suspension: • Operator must communicate the delay using the PA system or other event communication methods. • Attendees must be updated every 15 minutes or as conditions change. o c. When the All -Clear is issued (Three 5 -second horn blasts + strobe light turns off): • Market activities may resume only after these signals. • Operator must announce the all -clear to vendors and attendees. 15.3 Weather Monitoring at Locations Without Thor Guard Coverage: If the event is held or expanded to any area without a Thor Guard unit, the Operator shall monitor ThorTV 5 677896% vi Exhibit 1 mobile alerts and "Red Alert" and "All -Clear" notifications as required in the Special Event Weather Policy. 15.4 Gale Warnings and Severe Weather: Operator must suspend the market immediately if the National Weather Service issues a Gale Warning. Additionally, the Operator may suspend activity for heavy rain, unsafe winds, or any conditions that threaten public safety. 15.5 City Authority: The City retains full authority to suspend or terminate any individual market day or cancel a market event entirely based on weather safety concerns or Operator non-compliance with this policy. 15.6 Enforcement: Failure to comply with the Special Event Weather Policy may result in immediate market cancellation, loss of deposits, and/or loss of future permit or market operation privileges. 16. Matters Not Addressed: Any matters pertaining to the usage of Facilities that are not specifically addressed in this Agreement, in the City's written policies or guidelines, or in the City's Code of Ordinances, shall be decided by the City Manager. 17. Authority to Execute: The undersigned individual executing this Agreement on behalf of Operator represents and warrants to the City that: (i) Operator is a duly organized and validly existing nonprofit organization under the laws of the State of Florida; (ii) Operator has full power and authority under its governing documents and applicable law to enter into this Agreement and to perform all of its obligations hereunder; and (iii) the execution, delivery, and performance of this Agreement have been duly authorized by all necessary action on the part of Operator, and this Agreement constitutes a valid and binding obligation of Operator, enforceable against Operator in accordance with its terms. The individual signing below further represents and warrants that he or she has been duly authorized to execute and deliver this Agreement on behalf of Operator. 18. Default: In the event Operator defaults in the performance of any covenant or agreement contained herein, and such default continues for ten (10) days for a monetary default or thirty (3 0) days for a non -monetary default (or such shorter period as is necessary to address an imminent threat to public health, safety, or welfare, as determined by the City Manager in the City's sole discretion) after receipt of written notice from the City, the City may, at its option, terminate this Agreement in its entirety. In that event, Operator shall immediately remove all persons and property from the Facilities. Failing to do so, the City may cause such removal with or without process of law at Operator's expense. These expenses shall include, but not be limited to, reasonable attorney's fees and paralegal fees, at trial and on appeal, incurred by the City, whether or not a suit is filed. The remedies provided in this Agreement are cumulative and in addition to all other remedies available to the City at law or in equity, and no exercise of one remedy shall preclude the exercise of any other. No waiver by the City of any default or breach shall constitute a waiver of any subsequent default or breach. The City's failure to insist upon strict performance of any provision shall not be construed as a waiver of the right to demand strict performance thereafter. 19. Assignment and Subcontracting: Operator shall not assign, transfer, delegate, or subcontract this Agreement or any rights or obligations hereunder, in whole or in part, whether voluntarily, involuntarily, or by operation of law, without the prior written consent of the City Commission, 6 67789696 vl Exhibit 1 which consent may be withheld in the City's sole discretion. Any purported assignment, transfer, delegation, or subcontract without such consent shall be null, void, and a material breach of this Agreement. The performance of services by Operator is personal to Operator and is a material inducement to the City's entry into this Agreement. 20. Independent Contractor: Operator is an independent contractor and not an officer, employee, agent, partner, joint venturer, or representative of the City. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employment, or similar relationship between the City and Operator or between the City and any of Operator's employees, agents, vendors, or Invitees. Operator is solely responsible for the supervision, direction, hiring, discipline, and payment of its personnel, including all wages, benefits, payroll taxes, withholding, unemployment insurance, and workers' compensation insurance. No officer, employee, agent, vendor, or Invitee of Operator shall be entitled to any benefit available to City employees. 21. Notices: All notices, demands, and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when (a) delivered personally, (b) deposited with a nationally recognized overnight courier with charges prepaid, (c) sent by United States certified mail, return receipt requested, postage prepaid, or (d) sent by electronic mail with confirmation of receipt, in each case addressed as follows: If to the City: City Manager, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233, with a required copy to: Office of the City Attorney, City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, Florida 32233. If to Operator: Dig Local Network, Inc., P.O. Box 331015, Atlantic Beach, Florida 32233, Attn: Executive Director. Either party may change its notice address by written notice given in accordance with this Section. 22. Governing Law; Venue; Waiver of Jury Trial: This Agreement shall be governed by, construed under, and enforced in accordance with the laws of the State of Florida, without regard to its conflict -of -laws principles. Venue for any action arising out of or relating to this Agreement shall lie exclusively in the state courts of the Fourth Judicial Circuit in and for Duval County, Florida, or, for actions within federal jurisdiction, the United States District Court for the Middle District of Florida, Jacksonville Division. THE PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. 23. Sovereign Immunity; Limitation on City Liability; No Personal Liability: Nothing in this Agreement shall be deemed a waiver of the City's sovereign immunity or of the limits of liability set forth in Section 768.28, Florida Statutes, or any other applicable law. In no event shall any 7 67789696 v Exhibit 1 elected or appointed official, officer, employee, agent, or volunteer of the City have any personal liability under this Agreement. No provision of this Agreement is intended to obligate the City to expend funds in any fiscal year in excess of those duly appropriated by the City Commission for such fiscal year, and any obligation of the City hereunder is subject to annual appropriation. 24. Force Majeure: Neither party shall be in default of its obligations hereunder (other than payment obligations) to the extent performance is prevented by acts of God, hurricane, tropical storm, fire, flood, pandemic, governmental order or shutdown, war, terrorism, civil unrest, or other event beyond such party's reasonable control. The affected party shall give prompt written notice of the force majeure event and shall use commercially reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than sixty (60) consecutive days, the City may terminate this Agreement upon written notice without penalty or further obligation. 25. Miscellaneous: (a) This Agreement, together with Exhibit A, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous oral or written agreements, representations, or understandings concerning its subject matter. (b) If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the parties shall negotiate in good faith to replace the invalid provision with a valid one that most nearly reflects the original intent. (c) This Agreement creates no rights in any third party, and no person or entity other than the parties hereto shall be a third -party beneficiary of this Agreement or any provision hereof. (d) The Section headings used in this Agreement are for convenience only and shall not affect interpretation. (e) This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. (f) This Agreement has been negotiated by the parties and shall not be construed for or against either party as the drafter. (g) The obligations of Operator under Sections 9 (Insurance), 10 (Indemnification), 11 (Public Records), 22 (Governing Law; Venue; Waiver of Jury Trial), and 23 (Sovereign Immunity) shall survive the expiration or termination of this Agreement. CITY OF ATLANTIC BEACH By: Kevin Hogencamp Title: City Manager Signature: WITNESSED: 21 67789696 v Signature: E Exhibit 1 DIG LOCAL NETWORK, INC. By: Signature: WITNESSED: By: 67789696 v Title: Signature: Exhibit A PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida Section 119.0701. Public Records (a) 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 DONNA BARTLE, THE CITY CLERK AND THE CUSTODIAN OF PUBLIC RECORDS AT (904) 247-5809, DBARTLEACOAB.US, 800 SEMINOLE ROAD, ATLANTIC BEACH, FLORIDA 32233. (b) The contractor shall comply with Chapter 119, Florida Statutes, in regards to public records laws, specifically to: Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 this chapter 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 contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency 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 for 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 records stored electronically must be provided to the public agency, upon 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. (c) Failure to provide the public records to the public agency within a reasonable time may subject the contractor to penalties under s. 1 19.10 and s. 119.0701(4), Florida Statutes. Note: Section (a) above must be in at least 14 point boldfaced type Public Records Provisions, Page 2 PUBLIC RECORDS PROVISIONS FOR ALL CONTRACTS AND AMENDMENTS Effective as of July 1, 2016 per Chapter 2016-20, Laws of Florida This is to confirtn that we have received the Public Records Provisions Signed: Company: E -Mail: Public Records Provisions, Page 1 Print: Phone: Date: