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1st Amendment 04/16/2014AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA DATE: June 12, 2014 TO: Roman Gastesi, County Administrator ATTN: Connie Cyr FROM. • Vitia Fernandez, D. At the April 16, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item 07 Enter into Amendment No. 1 to the contract with Erin L. Deady, PA for development of a Sustainability Action Plan with Climate Change and Energy Savings to reflect slight modifications to the deliverables and due dates as outlined below. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney Financ/0 File V 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 AMENDMENT NO. 1 TO THE CONTRACT FOR DEVELOPMENT OF A SUSTAINABILITY ACTION PLAN WITH ENERGY AND CLIMATE CHANGE INITIATIVES BETWEEN MONROE COUNTY AND ERIN L. DEADY, P.A. THISAMENDMENT NO. 1, made to the AGREEMENT dated December 11, 2013, is made and entered into this 16`" day of April, 2014 by MONROE COUNTY ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and ERIN L. DEADY P.A., ( "CONSULTANT "), whose address is 1111 Hypoluxo Road, Suite 207, Lantana, FL 33462. WITNESSETH WHEREAS, the COUNTY desires to modify the AGREEMENT to provide the required public records clause: and WHEREAS, the CONSULTANT desires to provide a revised Exhibit "B which has been modified to add new tasks at no additional cost and to slightly modify the deliverable schedule. NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: 1. Section 4 PAYMENT TO CONSULTANT shall be deleted in its entirety and replaced with the following: Section 4. PAYMENT TO CONSULTANT 4.1 Payment will be made according to the revised Deliverable Schedule attached as Exhibit 8-1, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Payments will be lump sum, not time and materials. Partial payments of tasks and deliverables shall be allowed for any item over $5,000. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Sustainability Manager will review the request, note her approval on the request and forward it to the Clerk for payment. 4.2 Any extension of this Agreement beyond the term noted in Section 3 is contingent upon annual appropriation by Monroe County. Page 1 of 3 3. Section 8. RECORDS shall have the following added: "Pursuant to F.S. 119.0701, CONSULTANT and its subconsultants shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 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 Monroe County 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 Monroe County in a format that is compatible with the information technology systems of Monroe County. " INit ITNESS WHE' OF, the parties hereto have caused these present to be executed on the day of ill fit, , 2014. ■ ,-GN. 1 i MONROE COUNTY BOARD OF COUNTY COMMISSIONERS s = ° - • / . my Heavilin, CLERK + -- __ i = : r . • OE COUNTY, ORIDA °.'�,, / Ilb, By I.r By: / Deputy Clerk 4 ayor Murphy (CORPORATE SEAL) ERIN L. DEADY, P.A. c i� "I ATTEST: z� - F ., B �d �`�1`�` c_ N .„ CM Or- By �Lc. y F. Title: MONROE COUNTY ATTORNEW = c � =, APPROVED AS To Fe - :II. t? � -._ 4 /. i i_ / I C.' ATILEENE W. CASSEL ASSISTANT COUNTY ATTORNEY Date `i a-tJ.S4 Page 2 of 3 EXHIBIT B -1 DELIVERABLE AND PAYMENT SCHEDULE EXHIBIT B-1 DELIVERABLE SCHEDULE Page 3 of 3 iIf141iHUI1iiI }}t; ` j Itifti i k 1 t1/ i1 t4 1 ! pi t 11 IJjJ 1 3ji } f 1 {: (( t i 3 l .; 1111 A i] jI1 41 ii q 104 iii k 1 1i ill a fli it itit i ii ! ! S : 1 III I } i Fif III �?Pi :lit} t i i Of 4}I t I is 1t1 1111 1 i ! I I : i ' 1 1 i 9 ! i t 1 •-: ! 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