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1st Amendment 02/15/2017FIRST AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES 1S 4h kbujarq This First Amendment ( "Amendment ") made and entered into this A`h day of 4ry 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 Bermello Ajamil & Partners, Inc., whose address is 2601 South Bayshore Drive, 10` Floor, Miami, Florida, 33133, 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 1 follows with the aforementioned Consultant referred to herein also as "Contractor" for this provision only: 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. N (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 - BRIAN @MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112 TH Street. SUITE 408. KEV- WEST, FL 33040. C - ap o 2) All other terms and conditions of this Amendment shall remain in accordance w► the> Consultant Agreement for Professional Architectural and Engineering Servicescxdat4 January 21, 2015. — -? WHEREOF, each party has caused this Agreement to be executed by its duly ve on the day and year first above written. K, Clerk Deputy Clerk i Date: BOARD OF COUNTY COMMISSIONERS OF X;OUN�, � ORI By: 5 Mayor /Chairman i Date: 7 N E COUNTY ATTORNEY'S OFFICE 3 A QVEDAS T 0 M PATRICIA EABLES ASSISTANT COUNTY A TTORNEY DATE: -•...� Z.. (SEAL) Attest: Witnesses to Consultant: Print Name Date Title: e rd Print Name Date /(( Title: 4 CG y4pwr a,o 01 CONSULTANT: BERMELLO AJAMIL & PARTNERS, INC. 4 r I 1 1 • li Client#: 31137 BERMEAJA ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11103/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NTA T NAME: Dianne K eSt er USI Insurance Services, LLC -CL 2400 East Commercial Blvd. .Suite 600 Fort Lauderdale, FL 33308 PHONE -607-4124 FAX A/C, No, Ext : A/C, No): E-MAIL dianne.k usi.com _ADDRESS;_ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Casualty Insurance Co. 29424 INSURED IN SURE R B T win City Fire Insurance Co. 29459 Bermello, Ajamil & Partners, Inc. 2601 S Bayshore Dr Ste 1000 INS URER C: Conti Casualty Company -- - - — ------ ---- -- — INSURER D 2044 - Miami, FL 33133 -5437 INSURER E $30 0,000 $1 0,000 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR', WVD POLICY NUMBER POLICY EFF MMIDDYYY IY POLICY EXP MM/DDYYY IY LIMITS • X',, COMMERCIAL GENERAL LIABILITY '21UUNKK3709 1/11/2016 11/11/2017 EACH OCCURRENCE $1,000,000 I CLAIMS -MADE OCCUR - DAMAG�E TT RENTED PREMISES Ea occurrence) $30 0,000 $1 0,000 M ED EXP (Any one person) PERSONAL & ADV INJU $1,000,000 T AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $2,000,000 PRO �' I LOC POLICY I JECT r PRODUCTS - COMP /OP AGG $ 2,000,000 OTHER: $ • AUTOMOBILE LIABILITY 21UUNKK3709 1/11/2016 11/11!201 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED X AUTOS AUTOS X' HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ I A X( UMBRELLA LIAB X OCCUR 21XHUKK3260 1/11/2016 11/11/2017 EACH OCCURRENCE $5000000 AGGRE_GATE $5 '._ EXCESS LIAB CLAIMS - MADE '', DE D y X RE TENTION $1 0000 - -- -- _ _ 'STATUTE _ _ E $ - — B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? [IN (Mandatory In NH) N / A 21WBAG1371 1/11/2016 11111/2017 E .L. EAC ACCIDEN $1,000,000 _ E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below AEH288262231 E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liab 1/11/2016 11/1112017 $5,000,000 per claim Claims Made $5,000,000 aggregate $100,000 deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Monroe County Continuing Contract Certificate holder is additional insured with respect to Commercial General Liability, and Commercial Automobile Liability as required by written contract x�aFR OENT f1Y N � WAI (See Attached Descriptions) Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 I AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S19228962/M19228109 PBKZP DESCRIPTIONS (Continued from Page 1) SAGITTA 25.3 (2014/01) 2 of 2 #S19228962/M19228109