4th Amendment 11/22/2016KEVIN MADOK, CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 12, 2017
TO: Cheryl Sullivan, Senior Specialist
Solid Waste Department
FROM: Pamela G. HancoWXeputy Clerk
SUBJECT: November BOCC Meeting
Attached is a duplicate original of Item F29 4' Amendment with Government Services
Group to extend the contract for solid waste special assessment support services for an additional 5
years.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File✓
FOURTH AMENDMENT TO AGREEMENT
(Consulting Services for Monroe County Solid Waste Assessment Support)
This Amendment to Agreement is made and entered into thisc day of November,
2016 between MONROE COUNTY, a political subdivision of the State of Florida,
hereafter "COUNTY," and GOVERNMENT SERVICES GROUP, INC., a corporation
of the State of Florida, hereafter "CONSULTANT" in order to amend the agreement
between the parties dated September 20, 2006, as amended on November 19, 2008,
June 17, 2009 and March 21, 2012, as follows:
1. Section 7.1 of Article VII COMPENSATION, is hereby amended to read as follows:
7.1 CONTRACT SUM
The COUNTY shall pay to the CONSULTANT in current funds for the
CONSULTANT'S performance of this Agreement the sum of $30,000 per fiscal
year for worked performed in Fiscal Years 2016 -17, 2017 -18, 2018 -19, 2019 -20
and 2020 -21 to fund solid waste services for Fiscal Years 2017 -18, 2018 -19, 2019-
20, 2020 -21 and 2021 -22, to be paid in quarterly payments of $7,500, in
accordance with Section 7.2."
2. Section 7.2 of Article VII COMPENSATION is hereby amended to read as follows:
7.2 PAYMENTS
$7,500.00
January 2017
$7,500.00
March 2017
$7,500.00
April 2017
$7,500.00
September 2017
$7,500.00
January 2018
$7,500.00
March 2018
$7,500.00
April 2018
$7,500.00
September 2018
$7,500.00
January 2019
$7,500.00
March 2019
$7,500.00
April 2019
$7,500.00
September 2019
$7,500.00
January 2020
$7,500.00
March 2020
$7,500.00
April 2020
$7,500.00
September 2020
$7,500.00
January 2021
$7,500.00
March 2021
$7,500.00
April 2021
$7,500.00
September 2021 "
3. Section 9.21 of Article IX MISCELLANEOUS is hereby amended to read as follows:
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract upon violation of
this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision
shall be deemed a material breach of this contract and the County may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the County 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 County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from 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 County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the County or pursuant to a
valid public records request within a reasonable time may be subject to penalties under
section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
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 THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY -
BRIAWMONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040.
4. The fees and costs section of Appendix B is hereby amended to read as follows:
FEES AND COSTS
For the services provided by the CONSULTANT, the lump sum fee for
professional services for the proposed scope of services is $30,000 per fiscal year
for work performed in Fiscal Years 2016 -17, 2017 -18, 2018 -19, 2019 -20 and 2020 -21
to fund solid waste services for Fiscal Years 2017 -18, 2018 -19, 2019 -20, 2020 -21 and
2021 -22. The lump sum fees are due and payable on a quarterly basis, as
follows:
Payment
Schedule
25% of lump sum fee
January 2017, 2018, 2019, 2020 and 2021
25% of lump sum fee
March 2017, 2018, 2019, 2020 and 2021
25% of lump sum fee
June 2017, 2018, 2019, 2020 and 2021
25% of lump sum fee
September 2017, 2018, 2019, 2020 and 2021
In addition to the lump sum fee provided herein, the COUNTY hereby
authorizes and agrees to pay the CONSULTANT a fee of $1.35 per parcel,
depending on the number of accessible parcels of property with the County, due
and payable at the time of the adoption of the preliminary assessment
resolution, for producing and mailing the statutorily required first class notices
for residential rate increases; however, the total fee for this services shall not
exceed $50,000 per year.
The lump sum fee for professional services does not include any on -site visits
by representatives of CONSULTANT. On -site meetings (together with any actual
costs associated therewith) may be arranged at our standard hourly rates.
Project status meetings may be arranged through scheduled telephone
conferences in lieu of on -site visits."
5. In all other respects, the original agreement between the parties dated
September 20, 2006, as amended on November 19, 2008, June 17, 2009 and
March 21, 2012, remains in full force and effect.
NHEREOF, the parties have hereunto set their hands and seal,
?ar first written above.
BOARD OF COUNTY COMMISSIONERS
E COUNTY CLERK OF MONROE COUNTY, FLORIDA
4 itness
By.
Chairman
GOVERNMENT SERVICES GROUP, INC.
Title: Senior Vice President
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MONROE. COUNTY ATTORNEY
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a� PPR VEDAS TO FORM:
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CHRISTINE M. LIMBERT- BARROWS
ASSISTANT ATTORNEY
COUNTY
Date
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DESCRIPTION OF OPMATIONS I LOCATIONS! VSIICLES (ACORD III. Addle" Rammbe SCWUS , may be SVA&Ad IT Mm epeo N requMOedl
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CERTIFICATE HOLDER
CANCELLATION
MOCOKE2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County BOCC
ACCORDANCE NTH THE POLICY PROVISIONS.
Solid Waste Management
1100 Simonton Street, RM 2-231
A11TH0 RSITATIVE
Key West, FL 33040
01988 2014 ACORD CORPORATION. AN rights reserved.
ACORD 25 (2014101) The ACORD name and 1090 are registered marts of ACORD