4th Amendment 02/19/2014AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: March 11, 2014
TO: David Hill, Director
Project Management
ATTN: Ann Riger
FROM. • Vitia Fernandez, D. C`
At the February 19, Board of County Commissioner's meeting the Board granted approval and
execution of Item C20 Fourth Amendment to Contract allowing a simple corporate name change and
assignment of the Contract for the Marathon Airport Customs and Border Protection Facility from
MBI/K2M Architecture, Inc., to K2M Design, Inc., and add language required under FS 119.0701 (2).
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney (w/o documents)
Finance
File eV SCANNED
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
FOURTH AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
FOR THE MARATHON AIRPORT CUSTOMS & BORDER PROTECTION FACILITY AND
CONSENT TO ASSIGNMENT
This Fourth Amendment to Contract (herein after "Amendment") between Owner and
Architect/Engineer for Professional Services ("Contract"), entered into between Monroe County
("Owner" or "County") and MBI/K2M Architecture, Inc., hereafter Assignor, and K2M Design Inc..,
hereafter Assignee, and ("Architect/Engineer") is made and entered into this 19th day of February 2014,
in order to amend the Contract as follows:
WITNESSETH
WHEREAS, on December 16, 2009, the parties entered into a continuing contract for Professional
Services, pursuant to Florida Statute 287.055 (2) (g) where services are to be rendered for projects in
which the estimated construction costs of each individual project under the contract does not exceed
Two Million 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 Dollars ($200,000.00); and
WHEREAS, the parties entered into a First Amendment dated November 20, 2013 renewing the
continuing contract for the first of two one-year renewals effective December 16, 2013 and terminating
December 16, 2014; and
WHEREAS, on the 19th day of October, 2011, the parties entered into a contract for an individual study
for the Design Concept and Cost Estimating for a General Aviation Facility Customs Terminal in the
Existing Marathon Airport, located at 9400 Overseas Highway; and
WHEREAS, on the 18th day of July, 2012, the partied entered into a First Amendment to Contract adding
Additional Services to the Scope of Services to include Revising and Refining the Design Concept Plan,
Order of Magnitude Cost Estimate, allowing participation at a Monroe County BOCC meeting and
participation at a Design Review meeting, increasing the date of completion by 180 days, and increasing
compensation; and
WHEREAS, on the 201h day of November, 2012, the parties entered into a Second Amendment to
Contract authorizing the Architect to proceed with Phase II of the project to include Design through
Construction Administration Services and the preparation of a Request for Proposal (RFP) for
construction of a Customs & Border Protection Facility at the Marathon Airport; and
WHEREAS, on the 201h day of November 2013, the parties entered into a Third Amendment to Contract
authorizing the Architect to prepare design modifications to relocate the existing Guardian ad Litem
offices to the existing airport store and adjacent office; and
WHEREAS, effective June 1, 2013 MBI/K2M Architecture, Inc. formally publicly change it's name to K2M
Design Inc.;
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein,
and for other good and valuable consideration, the sufficiency of which hereby acknowledged, the
Owner and Architect agree as follows:
1. Effective June 1, 2013, the contract for Professional Services for the Marathon Airport
Customs & Border Protection Facility, between Monroe County and MBI/K2M Architecture,
Inc. is amended to reflect the name change from MBI/K2M Architecture, Inc. to K2M Design,
Inc.
2. The Assignee agrees to the changes in Florida Statute 119.0701 (2) related to public records
requests which require the Assignee to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service.
(b) Provide the public with access to public records on the same terms and conditions that
the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency.
3. In consideration for such consent, the Assignee agrees to be bound by all the terms and
conditions of the original agreement, as amended above.
4. The remaining terms of the Continuing Contract dated December 16, 2009, the contract for
Professional Services dated October 19, 2011, and as Amended on July 18, 2012, November
20, 2012, and November 20, 2013, not inconsistent herewith, shall remain in full force and
effect.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
M
IN WITNESS WHEREOF, each party caused this Agreement to be executed by its duly authorized
Dk1tive on the day and year first written above.
VILIN, CPA, CLERK
Tires
Deputy Clerk
WITNESS to Architect's Signature:
By:
9� g! -,. v_
Date;
Witness Signature
Print Witness Name
-Z1�4`IH
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Ma or/Chairman
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By:
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d.a Ofwa aw.ada Ka) adoption: June 1, 2013
Eft -due date ffANdloW
(no nron rhm 90 dup offer aorrndbrenrJile dace)
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by doe slmrcholdas wulwem suflicleat for approval.
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oast be apwd* Provided for emb P06W XMW cfi*kd co vote "Po►ncefy err do oNracdbrex*):
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5-15-2013 _
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(By a d dent or odor of'llcer — if d tore or otiicam have curt boon
selected. by an bworporator — if in tM hands of a aeuiver. trustee, or other Court
appointed fduchry by dust fiduciary)
Shelly R. l aSalvia, Esq.
(Typed or printed name of person sipnir*)
Attomey-in-Fact
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Hie 4 of 4
2013 / 2014
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEVMMBER 30t 2014
RECEIPT# 4n61-103202
Business Name: MBI/K2M ARCHITECTURE' INC
MICHAEL a WMM Business Location: 1001 WHITEHEAD ST
Owner Men,: KEY WEST, FL 33040
Mailing Address: Business Phone: 305-29�2-7722
1001 EST, Fl 3 0 Business Type: MISCELLANEOUS SERVICE (PARKING LOT)
KEY WEST, Fl EE040
Employs" 1
Tax Amount Transfer Fee Sub -Total Penalty
Prior Years C01bction Cost ITotel Paid
22.00 01. .00
22.00 0.00 0.00 0'00 22.00
Paid 110-12-00002385 08/15/2013 22.00
THIS BECOMES A TAX RECEIPT po so D. H*nriqu29, Key �,� CFTax "i armor THIS IS ONLY A TAX.
YOU MUST MEET ALL
WHEN VALIDATED PO BOX 1129r Key COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
14ONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEpTEMBER 30, 2014
MBI/K2M ARCHITECTURE, INC RECEIPT# 47161-103202
Business Name: Business Location: 1001 WHITEHEAD ST
MICHAEL B INGRAM KEY WEST, FL 33040
ownerName: tool WHITEHEAD ST Business Phone: 305-292-7722
Melling Address: KEY WEST, FL 33040 Business Type: MISCELLANEOUS SERVICE (PARKING LOT)
Employees 1
Tax Amount Trenshr Faa SutPenalty enaky11 Prier Years Coilactlon Cost Total Pald
0.00 0.00 0.00 22.00
22.00 0.00 22.00
Paid 110-12-00002385 08/15/2013 22.00
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