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1st Amendment 01/18/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMVMOLLER DATE: January 30, 2017 TO: Tammy Sweeting Administrative Assistant FROM: Pamela G. Hanc k, C. SUBJECT. January 18th 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. V / 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. 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 Finan / e File ✓ 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 Bender & Associates Architects, P.A., whose address is 410 Angela Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "Consultant" or "Contractor ", WITNESSETH: WHEREAS, on the 21S 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 s 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 2 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, K WEST, FL 33040. -; 2) All other terms and conditions of this Amendment shall remain in accordance with -the Consultant Agreement for Professional Architectural and Engineering Ser- ices d d January 21, 2015. S WHEREOF, each party has caused this Agreement to be executed by its duly ( _ esentative on the day and year first above written. a BOARD OF COUNTY COMMISSIONERS MADOK, Clerk OF MONROE COUNTY, FLORIDA By: Deputy Clerk Date: 4, . 1 - ° L 7 By: ZZ7"Z 4. Mayor /Chairman Date: T, ti ° 1 7 MOTOA PROVED AS TQ_FO�Mn_ 3 _Zl� PATRICIA EABLES ASSISTANT COUNTY gTTORNEY DATE; IL - 1 b a (SEAL) Attest: Witq to Consultant: X144✓ m. Print Name Date Title: A4 Lf c�cy �n� ,��/ J /4( Print Name Date Title: CONSULTANT: BENDER & ASSOCIATES ARCHITECTS, P.A. By: _ Ize �� i2� �c N �iZ JZ • z / ' �-tS Print Name Date Title: Pg9�,- / /.76jKJ T 4 SEND&AS• Z GONZALEZ 7 mu '4� ORO CERTIFICATE OF LIABILITY INSURANCE "'' TJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO ROM UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SNOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: H the certlicate hokter Is an ADDITIONAL INSURED, the poky(Iss) must be endorsed. If SUBROGATION IS WAIVED, sul"d to the 'cents and concftm of the policy, eertaI policies may require an endorsement. A statement an thb artMlab does not carter rights to the certllca'e holder In Neu of such e MO Zoraida GR„IZain S000� After F owle r Blvd French, LLC 30 S22•Teoo ! IAA n.►: ( 382 - 2"3 MI" Lakes, FL 33016 A .. _ Now" Bender 3 Associalbn Arehilads P.A. 410 Angela Street Key Weal, FL 33040 A:Phoenix In surartos Co ;2-823 :Tmvolm b x%ff ft ComPmy 265-8 C ; Travelers casualty and surety Company of Ameb 31194 :RLllnsurance ConViany 130-6 -- I COVERAGES CERTIFICATE NUMBER: N TINS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IIDICATED. NOTWITHSTANDING ANY REOIJIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE L48 RtANCE AFFORDED BY THE POLICIES OE'SCRIBEO HEREIN IS SUB.ECT MALL THE TERMS, EXCLUSIONS AND CONDHTIONS OF SUCH POLICIES. LIMI SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. -- - - -- rYM OF egURAMM F pfticy� A X co MMmouL ammiu . LABILITY _ cwMS+a�nE �f OCCUR X . 1767(316 07!1012015 EAC OCCUMIRBRCE 02H012017 . s 1,000, 300, s 1.000 ' lIRSONAL s AM 94AM s 7,000. C i n. AOORewTE U U FT NI PER: � . 1 POLICY _J LOC i f ciF.►�AH. TI PFJXX Ta•COMPWAGO i Z,000. OTHM i I+WT'oMOaILILIARLrtY ' _. .•• . S 1,000, A X ANY AUTO X ALL AUTO �� SCHEDULED /1617/X155 0211012016 0211012017 SOMY KxatY Ntir pmamd i SO°e.Y Kmw ft soddew i X Ie11 EDAUTOS X AUTOS ° i X B UMBRELLA LAS X arcs!: Lw 1 OCCUR awMS.Nvm I ; UP3753T775 102110=16 E 07110!2017 EACH OCCURn6NCII S 2.006, i 2.MOW X MTOR N 10.000• � WOMIUM COMPINUTION IAMIiAn.mwLLOAL Y C i� P110PNEToftW tTNHW%EOUm YI T M IA OFFlCfrIaEkN61 EXCLUDED? ' % to I d � i •... ! U83704T606 i 02HO12016 02/1012017 I 1 X Et, ACCIDENT y i 500,000 _ E.L. DISEASE - EA EMPLOYE 18 6 S 500, Low - S ILL W D Professional Limb 1 �WP0023546 02MOM016 07/10/2017 Each Claim 2 � , 0 lClekns4MadB Basis RDP0023546 02MWJOIG 02MO12017 � � Annual A Aggregate 2.000,000 oncM"oN OR oPeRATIONS I LOCATIONS I vaium t (ACORD 1St, AdMwM Mocks sdndo* on" be aaaebad II .m •s $pas la ""few Professionel Liability Retroactive Dare 01/MM; Professional LHabilty Deducible $15,000 Each Claim Morwoe County Board of County Conmissioners Is an additional Insured on the General i Auto LbWNrvlas. SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED tlErdtE Monroe C ounty Board of County Cornmisskxlere Attu: THE EXPItAT10N DATE THEREOF, NOTICE WILL k ER00 lei DELIV Pmt ManagK ACCORDANCE WITH THE POLICY PROVISIONII. 1100 Shnordon SL, Room 2210 Key West, FL 33040 AUTHORIZED R0410 MATWE 0 1 965 -201 4 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD