2nd Amendment 10/19/2016 -- CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: November 30, 2016
TO: Bob Shillinger,
County Attorney
ATTN: Kathy Peters, CP
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C
At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item Q2 Approval of Second Amendment to Agreement with Marr &
Associates for Expert Witness Services.
cc: County Attorney (electronic copy)
Finance (electronic copy)
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
SECOND AMENDMENT TO AGREEMENT
FOR EXPERT WITNESS SERVICES
THIS SECOND AMENDMENT TO AGREEMENT FOR EXPERT
WITNESS SERVICES is made as of this /1 day of 6icylre, , 2016, to the
Agreement for Expert Witness Services dated August 18, 2010, between Monroe County
( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 and Marr and Associates Appraisal Company,
Inc. ( "CONSULTANT "), whose address is 2665 Aucilla Rd., Monticello, FL 32344.
WITNESSETH:
WHEREAS, COUNTY desires to continue engaging the services of
CONSULTANT in the matter of Collins, et. al. v. Monroe County v. State of Florida
(Circuit Court Case No. CA -M -04 -379) and other regulatory takings and Bert J. Harris
Act cases that may be filed against Monroe County;
NOW, THEREFORE, COUNTY and CONSULTANT agree as follows:
1. The Preamble shall be amended as follows:
THIS AGREEMENT is made as of this 19 day of Oe O4 , 2016,
between Monroe County ( "COUNTY "), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040 and Marr and
Associates Appraisal Company, Inc. ( "CONSULTANT ") a Florida corporation, whose
address is 2665 Aucilla Rd., Monticello, FL 32344, for expert witness and consulting
services in connection with regulatory takings and Bert J. Harris Act cases, including but
not limited to Galleon Bay v. Monroe County & State of Florida (Circuit Court Case No.
CAK 02 -595); and Collins, et. al. v. Monroe County v. State of Florida (Circuit Court
Case No. CA -M -04 -379) ( "Litigation ");
2. Section II shall be amended as follows:
SECTION II. COMPENSATION
CONSULTANT shall be paid an hourly rate of TWO HUNDRED TWENTY FIVE
DOLLARS AND NO /cents ($225.00) for services performed under this Agreement.
Compensation for services provided by CONSULTANT shall not exceed One - Hundred
Fifty Thousand Dollars ($150,000.00).
3. Section XVII shall be added to read as follows:
SECTION XVII FINANCIAL RECORDS OF CONSULTANT
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
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representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor employed by the
COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to CONSULTANT.
4. Section XVIII shall be added to read as follows:
SECTION XVIII 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
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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 section119.10, 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 1111 12 Street, SUITE 408, KEY
WEST, FL 33040.
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5. This Amendment is effective retroactive to August 1, 2016.
6. The remaining terms of the Agreement for Expert Witness Services dated August 18,
2010, not inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Expert
Witness Services as of the day and year first written above.
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