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1st Amendment 03/19/2014 14 �. 3 CPA i 4 Q CLERK OF CIRCUIT COURT & COMPTROLLER k MONROE COUNTY, FLORIDA DATE: March 28, 2014 TO: Pam Pumar, Administrator Human Resources Division FROM: Vitia Fernandez, D. C At the March 19, 2014, the Boarct County Commissioners granted approval and authorized execution of the following items: Item C20 Amend Contract with Michael D. Burton, D.O. to provide employment physical services. V Item C21 Amend the Contract with Key West Urgent Care, Inc. to provide employment physical services. Enclosed are three (3) duplicate originals of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney (w /o documents) Finance (w /o documents) File ✓ MINIONINIONIME. 411111111~ 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 FIRST AMENDMENT TO CONTRACT FOR EMPLOYMENT PHYSICAL SERVICES This is an amendment ( "Amendment ") dated March 19, 2014 is entered into by and between Monroe County ( "County ") and Key West Urgent Care, Inc. ( "Contractor "). WHEREAS, the County and Contractor entered into a Contract for Employment Physical Services ( "Agreement ") on April 20, 2011, whereby Key West Urgent Care, Inc. agreed to furnish employment physical services; and WHEREAS, the current contract expires on April 20, 2014 and the County continues to need the services listed in the Agreement; and WHEREAS, in accordance with Florida Statutes 119.0701(2) provides that "each public agency contract for services must include a provision that requires the contractor to comply with public records law ", and NOW THEREFORE, in consideration of the mutual covenants contained herein the parties agree to amend Sections 4, 7 and 8 of the Agreement is revised to read as follows: 1. Paragraph 4.1 of the Agreement is revised to read as follows: Following the expiration of the initial term and any subsequent terms listed in paragraph 4.2, this Agreement shall automatically renew for successive one -year terms unless and until either party gives the other notice of cancellations in accordance with the terms set forth in paragraph 7 below. 2. Section 7, CONTRACT TERMINATION, in the Agreement is revised to read as follows: Either party may terminate this Agreement because of failure of the other party to perform its obligations under the Agreement. Either party may also terminate this Agreement without cause, on sixty (60) days' written notice to the other party in accordance with Section 9 of this Agreement. The COUNTY shall pay contractor for all work performed through the date of termination. 3. A new paragraph (F) is added to Section 8 of the Agreement (CONTRACTOR'S ACCEPTANCE OF CONDITIONS), as follows: 1 F. Pursuant to Florida Statutes 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, specifically to: i. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. ii. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. iv. Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 4. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be �d the day and year first above written. Heavilin, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By Print Name Title & tA) ire r Board of County Commissioners of Monroe County CD N w ,�i 2a 7__ CD Mayor /Chairman �J w Key West Urgent Care, Inc. 0' MONROE COUNTY ATTORNEY 2 AP OVED AS TO VOR NTHIA L. ALL ASSISTANT COUNTY ATTORNEY Date_..._