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1st Amendment 12/12/2012 DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: December 17, 2012 TO: Jerry Barnett, Director Project Management ATTN: Ann Riger FROM: Pamela G. Hanc ck, . C At the December 12, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C17 First Amendment to Agreement with Pedro Falcon Electrical Contractor's, Inc. for the Americans with Disabilities (ADA) Compliance, Segment #3. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o document Finance File✓ FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR ADA COMPLIANCE SEGMENT #3 MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT to the AGREEMENT BETWEEN OWNER AND CONTRACTOR (hereinafter "AGREEMENT') is made and entered this 12 day of December 2012, between MONROE COUNTY (the "Owner" or "County"), and PEDRO FALCON ELECTRICAL CONTRACTORS, INC. (the "Contractor") in order to amend the Agreement between the parties dated August 15, 2012, as follows: WHEREAS, County is endeavoring, in multiple segments, to bring County facilities into compliance with the Americans with Disabilities Act of 1990 (ADA) and Amendments thereto; and WHEREAS, current funding for these segments is through the State of Florida Department of Economic Opportunity, Community Development Block Grant (CDBG) Program; and WHEREAS, During the competitive bidding process for Segment 113 brand names were specified including manufacturer names and model numbers of fixtures to be installed, in an attempt to standardize fixtures, conserve water, and reduce operating and maintenance costs; and WHEREAS, the CDBG disaster Recovery procurement regulation prohibits the use of single source or brand name specifications; and NOW THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree to amend the AGREEMENT as follows: 1. The specifications in the Contract documents that include Addendum No. 2 issued on June 26, 2012 shall add the words "or an equivalent" to each brand name, manufacturer, and model number. 2. All terms and conditions of the AGREEMENT dated August 15, 2012 not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and Seals on the day first written above. Execution by the Contractor must be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE WITNESSED. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest AMY HEAVILIN, CLE ' , „ � G � - OF MONROE COUNTY 4 n FLORIDA di4� By: 144.1 5 ' ` =S . � CONTRACTOR �, r-. - N �. - Pedro F c, F /� ss By. m GLLC.LI �} - Name: Christian Br' r t�l �, /? ��Y�i� Print N ame. � s s Print Name of Witness Title: as President - Address: Date: 11/21/12 ff3,ecj ,5t. 4 h 2 s 141 oi_r(,_s1 -h61), FL 3 3 . r Date: / /,o7 / /jA MOt\`?'OE COUNTY ATTORNEY PROVED /// NATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Oate /2-- 3 - yd 12—