1st Amendment 01/18/2017KEVIN MADO& CPA
MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER
DATE: January 30, 2017
TO: Tammy Sweeting
Administrative Assistant
FROM: Pamela G. Hanc k, C.
SUBJECT: January 1 &1i BOCC Meeting
Enclosed is a duplicate original of each of the following items:
Item C8 Second Amendment to the Agreement with William P. Horn Architect, P.A. for the
design through construction administration services for the redevelopment of Bernstein Park. This
Amendment is for a fee increase of $192,401.00, from $339,545.00 to $531,946.00, and to revise the
public records language.
Item C 14 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Bender & Associates Architects, P.A. dated January 21, 2015, to add revised
public records language.
Item C 16 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Amec Foster Wheeler Environment & Infrastructure, Inc. dated March 18,
2015, to add revised public records language.
Item C 17 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Currie Sowards Aguila Architects dated January 21, 2015, to add revised
public records language.
V / Item C 19 First Amendment to the Consultant Agreement for Professional Architectural and
Engineering Services with Pike Architects, Inc. dated January 21, 2015, to add revised public records
language.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Fin e
File
r Y
FIRST AMENDMENT
TO THE CONSULTANT AGREEMENT FOR
PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
This First Amendment ( "Amendment ") made and entered into this 18` day of January
2017, by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "County ", through the Monroe County Board of County
Commissioners (`BOCC "),
AND
Pike Architects, Inc., whose address is 471 U.S. Highway 1, Suite 101, Key West, Florida
33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ",
WITNESSETH:
WHEREAS, on the 21" day of January 2015, the parties entered into a Consultant Agreement for
Professional Architectural and Engineering Services pursuant to Florida Statute Sec. 287.055 (2)
(g) to provide professional services for miscellaneous projects in which construction costs do not
exceed Two Million and 00 /100 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 and 00 /100 Dollars ($200,000.00); and
WHEREAS, County desires to revise language in its contracts and/or agreements for Public
Records compliance in accordance with Chapter 119 of the Florida Statutes pursuant to
legislative revisions to § 119.0701 which became effective March 8, 2016, and any subsequent
changes thereto; and
WHEREAS, Consultant agrees and consents to such revisions in its Agreement dated January
21, 2015, to ensure Public Records compliance; and
WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the revised
language for Public Records compliance; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follows:
1) Article 9.22, PUBLIC ACCESS, of the Consultant Agreement for Professional
Architectural and Engineering Services dated January 21, 2015, shall be revised as
follows with the aforementioned Consultant referred to herein also as "Contractor" for
this provision only:
1
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
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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 - BRIAN @MONROECOUNTY- FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 111112 TH Street, SUITE 408, KEY
WEST, FL 33040.
2) All other terms and conditions of this Amendment shall remain in accordance witty the
Consultant Agreement for Professional Architectural and Engineering Services V dated,
uary 21, 2015.
WHEREOF, each party has caused this Agreement to be executed by its dulyl`
fr on the day and year first above written.
.
MADOK, Clerk
By:
Deputy Clerk
Date:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I '
Mayor /Chairman
Date: IS', 2- ' ' 7
^4ONROE COUNTY ATTORNEY'S OFFICE
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PATRICIA EABLES
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Monroe County, through the Monroe
County Board of Count Commissioners
County
SHOULD ANY OF THE ABOVE DESCRIBED POLIO S BE CANCELLED BEFORE
THE W1RATION DATE THEREOF. NOTICE V4LL BE DELIVERED IJ
1100 Simonton Street
ACCORDANCE IMTN THE POLICY PROVISIONS.
Key West, Florida, 33040
AUTHORIZED REPRESENTATIVE
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