2nd Amendment 11/14/2017`.°°Rr
Kevin Madok, cPA
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......� Clerk of the Circuit Court & Comptroller — Monroe County, Florida
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DATE: December 6, 2017
TO: Kevin G. Wilson, PE
Assist County Administrator
FROM: Pamela G. Hanc *k,.C.
SUBJECT: Nov ember 14th BOCC Meeting
Attaclied is a duplicate original of Item F14, ratification of a Second Amendment (signed
by you and within your signing authority) to Contract «ritli Architects Design Group, Inc. for the
revised design and budget of a new Emergency Operations Center in Maratlion (signed by you and
within your signing authority), for your liandling.
Sliould you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney rla e-mail
Finance r /1a e-mail
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation'Key, Florida 33070
305 - 852 -7145
SECOND AMENDMENT TO CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN OWNER AND ARCHITECT/ENGINEER
THIS SECOND AMENDMENT (herein after "Second Amendment ") to the CONTRACT
FOR PROFESSIONAL SERVICES BETWEEN OWNER AND ARCHITECT /ENGINEER, for
the planning, design, contract documents, and project administration of the Monroe County
Emergency Operations Center in Marathon (EOC), entered into on February 18, 2009, between
MONROE COUNTY ( "Owner" or "County ") and ARCHITECTS DESIGN GROUP, INC.
( "Architect /Engineer" or "ADG ") ( "Contract ") is made and entered into this ')S , day of O Te kL.
, 2017, in order to amend the Contract as follows:
WITNESSETH
WHEREAS, on February 18, 2009, the County and ADG entered into a Contract for the planning,
design, contract documents, and construction administration services of the EOC project at The
Florida Keys Marathon International Airport (MTH)(ADG Project No. 817 -09); and
WHEREAS, on October 21, 2009, the County and ADG agreed to a First Amendment to the
Contract to include additional technology design services and specifications for audio /video
equipment and information technology systems necessary to effectively run an EOC; and
WHEREAS, Architect completed the Design through Construction Documents phases and
provided all required stamped and sealed sets of drawings on the EOC project; and
WHEREAS, insufficient funding for the construction of the EOC prevented any further action to
construct the new facility; and
WHEREAS, in light of the recent category 4 Hurricane Irma disaster suffered in Monroe County
which caused millions of dollars in damages, the Florida Senate Subcommittee in Tallahassee will
consider including completion of the EOC in their fiscal year 2018 budget appropriations; and
WHEREAS, due to many years having passed since the completion of the original design of the
EOC, revisions and amendments to the Contract are needed in order to include Spatial Needs
Assessment Updates, a Preliminary Site Analysis for a new site location, a Preliminary Masterplan,
Preliminary Floor Plan, and Preliminary Order of Magnitude Pricing within the scope of services,
and other standardized contractual provisions for updating to current requirements.
NOW THEREFORE IN CONSIDERATION of the mutual promises contained herein, the
parties hereby agree as follows:
Page 1 of 6
1. Article VIII paragraph 8.2 of the Contract is amended to include the following:
d. Pre - Desian Planning Services
• Revised Spatial Needs Assessment (SNA) $8,800.00
• Preparation of questionnaires for existing departments
(for verification) and for Fire Administration.
• Revisions to the SNA to incorporate any revised or
new spaces required.
• Preliminary Site Analysis $12,280.00
• Outline of Updated Design Criteria (based on
code changes).
• Analysis of the new site, which is in a different
location within the same airport.
• Location of the new design on the proposed site
inclusive of required parking.
• Original estimate updated based on present construction costs. $9,480.00
o Costs for the additional scope required.
• Total fee for Pre - Design Planning Services 30 560.00
e. Additional Potential Costs /Fees
• Reimbursable Expenses (not to exceed): $3,400.00
• Attendance at Presentation in Tallahassee (only if requested) $3,000.00
Reimbursable expenses for travel and per diem shall include expenses incurred by the
Architect /Engineer in the interest of the project and in amounts authorized by § 112.061, Fla. Stat.
2. Article XIV paragraph 14.1.2 of the Contract is amended to add the following:
This Second Amendment and ADG's and County's rights and obligations under it is contingent
upon the award of a new or the extension of the Subgrant Agreement by the Florida Senate
Subcommittee for funding under the 2017 fiscal year budget. If a grant or an extension of prior
subgrant is not awarded to the County then this Second Amendment is terminated immediately.
3. Article XVII paragraph 17.13 of the Contract is amended to add the following:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on contracts to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
Page 2of6
may not be awarded or perform work as a contractor, supplier, subcontractor, or
Architect /Engineer under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,
for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the
convicted vendor list. By signing this Agreement, ARCHITECT /ENGINEER represents that the
execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133,
Florida Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTY'S competitive
procurement activities. In addition to the foregoing, ARCHITECT /ENGINEER further represents
that there has been no determination, based on an audit, that it or any sub - consultant has committed
an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not
been formally charged with committing an act defined as a "public entity crime" regardless of the
amount of money involved or whether ARCHITECT /ENGINEER has been placed on the
convicted vendor list. ARCHITECT /ENGINEER will promptly notify the COUNTY if it or any
subcontractor or sub - consultant is formally charged with an act defined as a "public entity crime"
or has been placed on the convicted vendor list.
4. Article XVII paragraph 17.14 of the Contract is replaced with the following:
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.
Page 3 of 6
(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
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- BRIANna MONROECOUNTY- FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY
WEST, FL 33040.
Page 4 of 6
5. Article XVII paragraph 17.15 of the Contract is amended to add the following:
Notwithstanding the provisions of §768.28, Fla. Stat., the participation of the
ARCHITECT /ENGINEER and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance coverage, self - insurance coverage, or local government liability
insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any contract entered into by the COUNTY be required to contain any provision
for waiver.
6. Article XVII paragraph 17.9 of the Contract is replaced with the following:
NON - DISCRIMINATION. The parties agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color,
religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex;
3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42
USC §§ 6101 - 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC
§§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
7. All other terms and conditions of the Contract as amended shall remain in full force and effect.
[REMAINDER OF PAGE LEFT BLANK]
Page 5 of 6
IN WITNESS WHEREOF, each party has caused this Second Amendment to the Contract to be
executed by its duly authorized representative.
(SEAL)
Attest: KEVIN MADOK, Clerk
MONROE COUNTY, FLORIDA
Date:
ARCHITEC GN GROUP, INC.
Signa
Name: 5
Title: QQ_� 0 r\xr
Date: 1 d • o� 4 aU �,
STATE OF FLORIDA
Signatur k
Name:
Title: h i C VV'V-Ty Msitatt, MAM
Date:
MONROE COUNTY ATTORNEY
AP ROVED AS TO FORM
CHRIS AMBROSIO
ASSISTANT COUNTY ATTORNEY
Date: l (9 1 `1V Ll 7 —
COUNTY OF Omhs v—
On this 2'i-kh day of 06-olar , 20 1' , before me, the undersigned notary public,
personally appeare Tan Recvci, known to me to be the person whose name is subscribed
above or who produced as identification, and acknowledged that he /she is
the person who executed the above Amendment with Monroe County for Professional services for
the Emergency Operation Center for the purposes therein contained.
J'ra��. 41.
Pu Tonya H. Crodn
Not ary V NOTARY PUBLIC
STATE OF FLORIDA
My commission expires: 5 A l20 Comm# FF984317
MON ILRf?Af"aY
APPROVED AS-TVFdRM
CHRIS AMBROSIO
ASSISTANT OUN Y ATTORNEY
Date:
Page 6 of 6
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RI CK S COTT, GOVERNOR MATILDE MILLER, INTERIM SECRETARY
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_ TA - E..OF FLORIDA
- - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION �x s
BOARD OF ARCHITECTURE .& INTERIOR DESIGN , s
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I The ARCHITECT CORPORATION
_Name`ci below LS CERTIFIED - _ roL►nass�
Under'the,provis�ons.of Chapter -'481 _FS: - �- 4
C'^ -'ARCHITECTSDESIGN GROUP, INC
' 333 - NORTH *I4dwLES {AVENUE
WINTER PARK =f 3 789
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ISSUED: 02/26/2017 DISPLAY AS REQUIRED BY LAW SEQ# L1702260002194
STATE OF FLORIDA
T; DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
. ` BOARD OF ARCHITECTURE & INTERIOR DESIGN (850) 487 -1395
WE 2601 BLAIR STONE ROAD
TALLAHASSEE FL 32399 -0783
REEVES, IAN ALEXANDER
1700 SUNSET DRIVE
WINTER PARK FL 32789
Congratulations! With this license you become one of the nearly
one million Floridians licensed by the Department of Business and
Professional Regulation. Our professionals and businesses range
from architects to yacht brokers, from boxers to barbecue
restaurants, and they keep Florida's economy strong.
Every day we work to improve the way we do business in order
to serve you better. For information about our services, please
log onto www.myfloridalicense.com. There you can find more
information about our divisions and the regulations that impact
you, subscribe to department newsletters and learn more about
the Department's initiatives-
Our mission at the Department is: License Efficiently, Regulate
Fairly. We constantly strive to serve you better so that you can
serve your customers. Thank you for doing business in Florida,
and congratulations on your new license!
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STATE,.OF FLORIDA - -
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DEPARTMENT :OF BUSINESS AND -
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! - PROFESSIONAL REGULATION -
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LS ^ LICENSED_urider- -the provisions "of Ch 481 FS.
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DETACH HERE,
RICK SCOTT, GOVERNOR
MATILDE MILLER, INTERIM SECRETARY
_._STATE OF
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BOARD kINTERIOR DESIGN , `
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Named belouv IS LICENSED �, n� �'
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ISSUED: 02/26/2017 DISPLAY AS REQUIRED BY LAW �SEQ# L1702260002069
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Client#: 31137
BERMEAJA
ACORM CERTIFICATE 'OF LIABILITY INSURANCE
DATE (MMtDDIYYYY)
1111512017
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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder In lieu of such endorsement(s).
PRODUCER
USI Insurance Services
2400 East Commercial Boulevard Ste 600
Fort Lauderdale, FL 33308
R e: C T Kimberly Colomer
PN „ Er , 954. 607 -4131 ac Na
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INSURER(S) AFFORDING COVERAGE
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2601 S Bayshore Dr Ste 1000
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INSURER C: CandnsnW CuwltyC=Pany
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INSURER D:
INSURER E:
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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.
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addldonol Remarks Schedule, may be attachad 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 subject to the terms, conditions, and exclusions of
the policy. 1
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(See Attached Descriptions)
Monroe County Board of County
Commissioners
1100 Simonton Street
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103) 1 of 2
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