2. 1st Amendment 03/19/2014 l�f 1 0, 16 , -, ??
CLERK OF CIRCUIT COURT & COMPTROLLER
": 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 Board 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.
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
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 Michael Burton, D.O. ( "Contractor ").
WHEREAS, the County and Contractor entered into a Contract for Employment
Physical Services ( "Agreement ") on April 20, 2011, whereby Michael D. Burton, D.O.
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, there is now an increase in fees; and
WHEREAS, Florida Statutes section 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 ";
NOW THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to amend Section 1 of the Scope of Services and Sections 4, 7 and 8
of Agreement as follows:
1. Section 1, Scope of Services of the Agreement is revised to increase fees as
follows:
DOT Physical $45.00
Post -Offer Physical $40.00
Firefighter Physical $40.00
2. Paragraph 4.2 of the Agreement is revised to read as follows:
Following the expiration of the initial term and any subsequent terms listed in
paragraph 4.1, 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.
3. Section 7, CONTRACT TERMINATION, in the Agreement is revised to read
as follows:
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Either party may terminate this Agreement because of the 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.
4. A new paragraph (F) is added to Section 8 of this Agreement
(CONTRACTOR'S ACCEPTANCE OF CONDITIONS), as follows:
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.
5. All other terms and conditions of the Agreement remain in full force and
effect.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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:
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Print Name
Title
Board of County Commissioners
of Monroe County
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Mayor /Chairman
Michael D. Burton, D.O.
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MONROE COUNTY ATTORNEY
AP OVE AS TO FOR h4:
NTHIA L. ALL
ASSISTA T COUNTY ' ATTO RNEY
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