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1st Amendment 02/15/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: March 9, 2017 TO: Ann Mytnik Contract Administrator VIA: Tammy Sweeting Administrative Assistant FROM: Pamela G. Hanco *.C. SUBJECT: February 15di BOCC Mee ting Enclosed is a duplicate original of Item C17, first amendment to the Consultant Agreement for Professional Architectural and Engineering Services with K2M Design, Inc., dated January 21, 2015, to amend Article 9.22 and add revised public records language and updating their office address, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney via email Fin ce na email File FIRST AMENDMENT TO THE CONSULTANT AGREEMENT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES 1,544 Fibrucvq This First Amendment ( "Amendment ") made and entered into this le day of 4&t&ffy 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 K2M Design, Inc., whose address is 1150 Virginia Street, 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, Consultant recently relocated its local staff to another office in Key West; and WHEREAS, the parties find it mutually beneficial to amend its Agreement as to the revised language for Public Records compliance, and to revise the Consultant's local address; 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. 2 1P (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 PHON-E# 305g92; 3470 BRADLEY - BRIAN @MONROECOUNTY- FL.GOV COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUIT 08AEV? WEST, FL 33040. E5 } On 2) All other terms and conditions of this Amendment shall remain in accordance wiffi the Consultant Agreement for Professional Architectural and Engineering Services dated January 21, 2015. S WHEREOF, each party has caused this Agreement to be executed by its duly ve on the day and year first above written. is r MADOK, Clerk By: Deputy Clerk Date: 15 : Z °17 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: A rv- �Cll �.e.�. Mayor /Chairman i Date: jdv-4 t. MO ROE COUNTY ATTORNEY'S OFFICE 3 P , 01/ED AS TO F PATRICIA EAGLES ASSISTANT COUNTY ATTORNEY DATE: �-� 2- / 9 - /(a (SEAL) Attest: Witnesses to Consultant: Print Namd Date Title: "1 - 04 A1$7 Ph dff j Bt�u.AP-1- 1 •.f•d-bi7 Print Name Date Title: �X <Cu h VC 47CrN f i JTrxp r CONSULTANT: K2M DESIGN, INC. By: Hh bp- (a�w1 t / Print Name Date Title: L� - tC7 'O V 4 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 9/15/2016 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 NAME: Pat ricia C A/C Ext:216 -8 9 -2 7 I A/C No: The James B. Oswald Com 1100 Superior Avenue, Suite 1500 Cleveland OH 44114 E -MAIL ADDRESS:PChol wa oswaldcom anies.com INSURER(S) AFFORDING COVERAGE NAIC # EACH OCCURRENCE 1 ' INSURER A fl r I Ins. Co. 29424 INSURED MBIK2 -1 INSU RERB:XL Specialty Insurance Co. 37885 INSURER C:Hartford Accident & Indemnity2357 K2M Design, Inc. INSURER D: 1001 Whitehead Street, Suite 101 KEY WEST FL 33040 $1,000,000 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1752527231 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 CONTRACT OR 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 i TYPE OF INSURANCE LTR ADDL INSR SUBRI WVD' POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP LIMITS MM/DD/YYYY A GENERAL LIABILITY Y Y 45SBA107008 9/14/2016 ' 9/14/2017 EACH OCCURRENCE 1 ' $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE 1XI OCCURS, MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 X 1 Al Primary & Non -contributory GENERAL AGGREGATE $2,000,000 I hI , GEN 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 $ POLICY X PRO X LOC JE C LIABILITY Y Y 45UECBHO542 9/14/2016 9/14/2017 INED SINGLE LIMIT Ea accident $1,000,000 h AU T OMOBILE BODILY INJURY (Per person) $ ANY AUTO'., ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS X AUTOS �! X BODILY INJURY (Per accident)', $ _ PROPERTY DAMAGE Per accident) $ X $ 'Al Primary A X UMBRELLA LIAB X OCCUR Y Y 45SBA107008 9/14/2016 9/14/2017 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 EXCESS LIAR CLAIMS - MADE ! DED I X I RETENTION $10 Excludes Professional $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? NN N / A Y 45SBA107008 9/14/2016 9/14/2017 '', TORY LIMITS X R OH -STO GA P E.L. EACH ACCIDENT', $1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1,000,000 1 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Liability N Y DPR9806217 6112/2016 6/12/2017 Each Claim $1,000,000 Claims Made Aggregate $1,000,000 Retro Date: 9/1/2001 Pollution & Envir. Liab. Included DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insured and Waiver of Subrogation as designated above is provided wh n requi d of the Named Insured by written contract or agreement. APPRO D SK M ENT � DA WAIV R N /A. ST CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Room 2 -219 Key West FL 33040 AUTHORIZED ���REPRESENTATIVE [ %� ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD