1st Amendment 11/20/2013CL
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AMY REAVILIN, CPA
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CLERK OF CIRCUIT COURT & COMPTROLLER
a3 MONROE COUNTY, FLORIDA
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DATE: December 23, 2013
TO: David Hill, Director
Project Management
ATTN. Ann Riger
FROM: Vitia Fernandez, D.
At the November 20, 2013, Bard of County Commissioner's meeting the Board granted
approval of Item G17 Renew the Architectural/Engineering Contract with William P. Horn Architects,
P.A. for projects in which construction costs do not exceed $2,000,000.00 or for study activity if the fee
for professional services for each individual study under the contract does not exceed $200,000.00.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
1s` AMENDMENT TO CONTRACT FOR
PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHTIECT/ENGINEER
FOR THE EXTENSION OF THE CONTINUING CONTRACT
This First Amendment to Contract (herein after "Amendment") between Owner and Architect/Engineer
for the Continuing Contract for Professional Services ("Contract"), entered into between Monroe County
("Owner" or "County") and William P. Horn Architect, P.A. ("Architect/Engineer') is made and entered
into this 20th day of November, 2013, in order to amend the Contract as follows:
W ITN ESSETH
WHEREAS, on December 16, 2009, the parties entered into a continuing contract for Professional
Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does not exceed
Two Million Dollars ($2,000,000.00), or for study activity if the fee for Professional Services for each
individual study under the contract does not exceed Two Hundred Thousand Dollars ($200,000.00); and
WHEREAS, the Continuing Contract stipulates that a separate contract for each project awarded to the
Architect by the Owner be provided each with specific scopes of work, time schedules, charges and
payment conditions, and additional terms and conditions applicable to that specific contract; and
WHEREAS, the parties endeavored in a few projects under this Continuing Contract including but not
limited to the Development of Higgs Beach Park Master Plan; and
WHEREAS, in accordance to the Continuing Contract the Professional Services will be for a period of four
years commencing on the date of the contract, with options for the Owner to renew on an annual basis
for two additional one year periods;
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the
Owner and the Architect agree as follows:
1. The Continuing Contract for Professional Services dated December 16, 2009 and terminating on
December 15, 2013, shall be renewed for the first of two one-year periods effective on December 16,
2013 and terminating December 15, 2014.
2. The following shall be added to Article XVII of the original Continuing Contract dated December
16, 2009:
a) Architect shall not disclose, publish, or authorize others to disclose or publish, design data,
drawings, specifications, reports, or other information pertaining to the services performed
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by the Architect or other information to which the Architect has had access during the Term
of this Master Agreement without the prior written approval of the County, during the Term
of this Master Agreement and for a period of two (2) years after the termination of this
Master Agreement. Nevertheless, the parties agree that the Architect may use and publish
the County's name and give a general description of the work provided by the Architect for
the purpose of informing other clients and potential clients of the Architect's work
experience and qualifications.
b) Should the County receive a request for documents pursuant to Chapter 119, Florida
Statutes, Architect shall cooperate with the County to facilitate the County's compliance
with Chapter 119, Florida Statutes. Should the Architect assert any exemptions to the
requirements of Chapter 119 and related statutes, the burden of establishing such
exemption, by way of injunctive or other relief as provided by law, shall be upon the
Architect. Failure by the Architect to cooperate with the County in connection with a Public
Records request shall be grounds for immediate unilateral cancellation of this Master
Agreement by the County."
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3. In all other respects, the original Continuing Contract dated December 16, 2009 remains w
unchanged.
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IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
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representative on the day and year first written above.
WITNES o r/Inatur
By:
WITNESSS Signature
Date:
Print Witness Name
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, F IDA
By:
Mayor/Chairman
ARCHITECT
By:
William P. Horn Architect, P.A.
MON OE COUNTY ATTO Y
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PROVED AS TO F
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NA ILEENE W. C SEL
ASSISTANT COUNTY ATTORNEY
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