1st Amendment 05/16/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 22, 2006
TO:
Suzanne Hutton
County Attorney
FROM:
Kathy Peters
Executive Assistant
Pamela G. Han~
Deputy Clerk
ATTN:
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Settlement Agreement in the case of Monroe Countv v. Joe W. Posada. III. Case No. CA
K-03-1503. Enclosed is the original Settlement Agreement for your handling.
Lease Agreement between Monroe County and Hyatt and Hyatt, Inc. to temporarily lease
additional space for parking at the Key West International Airport. Enclosed isa copy of the
Lease for your records.
I'First Amendment to Agreement between Monroe County and Advanced Data Solutions,
Inc. for IT Consulting, and Support Service, Contract #101-555-2567A, for the purpose of
correcting scrivener's errors and to add more specifics regarding the billing of expenses.
Enclosed is a duplicate original for your handling.
v'First Amendment to Agreement between Monroe County and Advanced Data Solutions,
Inc. for IT Consulting, Survey, IT Design (and necessary assessments related to the Sterling
Project), Contract #101-555-2565A, for the purpose of correcting scrivener's errors and add
more specifics as to billing of expenses. Enclosed is a duplicate original for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Administrator, ADS Contracts only
Finance
File ./
FIRST AMENDMENT TO
AGREEMENT BETWEEN MONROE COUNTY
AND ADVANCED DATA SOLUTIONS, INC.
FOR IT CONSULTING, SURVEY, IT DESIGN
(and necessary assessments related to the Sterling Project)
(Contract Nnmber lOl-555-2565A)
THIS FIRST AMENDMENT dated the J(jld day of iIau 2006 to the
Agreement between Monroe County ("COUNTY")and Ad~ Data Solutions,
Inc. ("ADS") for IT Consulting, Survey, IT Design dated the -1i- day of Orv.A-j
2006 is for the purpose of correcting scrivener's errors and for clarifica~
payment of expenses.
WITNESSETH:
WHEREAS, on , the COUNTY and ADS entered into an AGREEMENT for
IT consulting, survey and IT design, said Agreement also referred to as Contract
Number 101-555-2565A; and
WHEREAS, COUNTY and ADS have become aware of a scrivener's error
in the Agreement; and
WHEREAS, COUNTY and ADS agree to clarify the procedure for payment
of certain expenses;
NOW THEREFORE IN CONSIDERATION of the mutual promises
contained herein, the parties hereby agree as follows:
1. The State Contract number cited in the fourth Whereas clause is
incorrect. The State Contract number is hereby corrected to read "State
Contract #973-561-04-2."
2. Paragraph 3. Payment to ADS. is amended to read as follows:
"3. PAYMENTS TO ADS
A. COUNTY'S performance and obligation to pay under this
agreement, is contingent upon annual appropriation by the Board of
County Commissioners.
B. COUNTY shall pay in accordance with the Florida Prompt
Payment Act; payment will be made periodically, but no more frequently
than monthly, in arrears as hereinafter set forth.
C. This Agreement falls under the "piggy back" provisions of
Monroe County Purchasing Policy, therefore all payments shall match
payments under the State Contract #973-561-04-2.
D. ADS shall submit to County an invoice with supporting
documentation acceptable to the Clerk on a schedule as set forth in the
Agreement, invoices shall include documentation to support expenses
(including but not limited to travel, hotel, per diem costs) and services
under price sheets outlined in the State Contract Area 3. Invoices shall
delineate enough information so that the Clerk can match the Job
Family, Job Number, Job Title and hourly rate with the State Contract.
E. The hourly rate paid to ADS shall be, at a maximum, the mid
rate figure as set out on the State Contract price sheets or if no mid rate
is available at the next rate below the top rate, and at no time shall
COUNTY pay the top rate for any service under the State Contract.
However, nothing in this Agreement shall prohibit ADS from charging
less than the above stated rate. Acceptability for payment by the Clerk is
based on provisions of the State Contract, generally accepted accounting
principles and such laws, rules and regulations as may govem the
Clerk's disbursal of funds.
F. Total Compensation to ADS under this Agreement shall not
exceed One Hundred and Sixty-Two Thousand Five Hundred Sixty-Eight
Dollars ($162,568.00). COUNTY and ADS recognize that there are
outstanding invoices which should be paid under the previous contract,
and agree that these shall be submitted to the County Attomey with
back-up documentation for review and shall, where appropriate, be paid
under this Agreement: however, the total contract amount shall not
exceed One Hundred Sixty-Two Thousand and Five Hundred Sixty-Eight
Dollars ($162,568.00), including any payment on the outstanding
invoices.
G. The expenses such as travel, per diem, meals, mileage, hotel,
or airfare shall be paid according to Florida Statute 112 and according to
Chapter 2 Administration, Article XXVI of the Monroe County
Ordinances."
4. The remaining terms of the Agreement entered into on CL. j /4,2006, not
inconsistent herewith shall remain in full force and effect. ~.
IN WITNESS WHEREOF COUNTY and ADS hereto have executed this
ement on the day and date first written above in four (4) counterparts, each
, ,~hall, without proof or accounting for the other counterparts, be
e ~:original amendment to the Agreement.
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BOARD OF COUNTY
COMMISSIONERS
OF MONROE CO NTY, FLOIDA
Deputy Clerk
Date: May 16, 2006
By:
Mayor Charles<< 0
Date: May 16, 200
y" McCoy
Wi.,tnesses ~ ADS:
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Signature
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MONROE COUNTY ATTORNEY
OVED AS TO FOR .
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NATILEENE W. CASS L
SSlSTANT COUNTY ATTORNEY
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