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DATE: May 23, 2018
TO: Abra Campo, Executive Administrator
County Attorney
FROM: Sally M. Abrams, D.C.
SUBJECT: May 16 BOCC Meeting Approved Agenda Items
Attached are electronic copies of the executed agenda items listed below for your handling
(hard copies to follow, if supplied).
C21 - Board granted approval and authorized execution of Amendment 2 to
the Agreement between Monroe County and Anderson Outdoor Advertising
for the installation and maintenance of bus shelters on US 1 to add
indemnification of the Florida Department of Transportation as required by
Section 337.408 F.S., update the Public Records Compliance wording and
update Exhibit A - Bus Shelter Locations.
C22 - Board granted approval and authorized execution of a Contract with
EAC Consulting, Inc. for Engineering Design, Permitting and Post
Construction Services for the 1st Street /Bertha Street (Key West) Project in
the maximum not to exceed amount of $451,126.16.
D9 - Board granted approval and authorized execution of a Task Order with CSA
Central, Inc. for Engineering Design and Permitting Services for the Hurricane Irma
Roadway Repairs Project. This Task Order is being awarded in accordance with the
Continuing Contract for On Call Professional Engineering Services in the maximum
not to exceed amount of $92,800.00.
Please contact me at extension 3550 with any questions.
cc: Originating Department
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305 - 289 -6027 305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
AMENDMENT 2 TO THE AGREEMENT BETWEEN ANDERSON
OUTDOOR ADVERTISING AND MONROE COUNTY
THIS CONTRACT AMENDMENT is entered into this 16th day of May, 2018 between Monroe
County, hereafter the "COUNTY ", and Anderson Outdoor Advertising, Inc., hereafter the
"CONTRACTOR".
WHEREAS, the County and Contractor entered into an contract on July 20, 2011 for installation
and maintenance of bus shelters in unincorporated Monroe County north of Marathon (Agreement)
which was amended on October 17, 2012 to revise Exhibit A which reflects the bus shelter locations;
and
WHEREAS, Pursuant to F.S. 337.408(1), the Contractor must indemnify, defend and hold harmless,
the Florida Department of Transportation (FDOT) and therefore the Agreement must be amended to
include the statutory indemnification language; and
WHEREAS, the Agreement also needs to be revised to include the new public records statutory
language as per F.S. 119.0701 and to revise Exhibit A to reflect current bus shelter locations;
NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree
to amend the contract as follows:
1. The Agreement shall be amended to add 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.
Amend. 2 Anderson Outdoor Advertising
5/16/18
Page 1 of 4
(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.
(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 -
BRIANAMONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 111112 TH Street, SUITE 408, KEY WEST, FL 33040.
Amend. 2 Anderson Outdoor Advertising
5/16/18
Page 2 of 4
2. The Agreement shall be amended to add the following:
In accordance with F.S. 337.408(1), the Contractor shall indemnify, defend, and hold harmless the
Florida Department of Transportation from any suits, actions, proceedings, claims, losses, costs,
charges, expenses, damages, liabilities, attorney fees, and court cost relating to the installation,
removal or relocation of such installations.
3. The Agreement is amended to include revised Exhibit A attached hereto.
4. In all other respects the Agreement dated July 20, 2011 as amended on October 17, 2012 remains
in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly
authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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Amend. 2 Anderson Outdoor Advertising
5/16/18
Page 3 of 4
Exhibit A
NORTHBOUND BUS SHELTERS
1. MM 61 located in front of Hawks Cay
2. MM 91.5 located across from McDonalds by Ocean Blvd
3. MM 96.5 located across from Buttonwood Bay Condominium
4. MM 99.5 in front of Bank of America
5. MM 101.5 located in front of Tradewinds Plaza
SOUTHBOUND BUS SHELTERS
6. MM 99.5 located in front of Burger King by Ocean Bay Drive
7. MM 10 1. 5 located at Tarpon Basin Drive (across from Tradewinds Plaza)
Amend. 2 Anderson Outdoor Advertising
5/16/18
Page 4 of 4