HomeMy WebLinkAboutGLE Addendum 1-2016 ADDENDUM TO AGREEMENT FOR
CONTINUING ARCHITECTURAL SERVICES
THIS ADDENDUM is made and entered this 4th day of March 2016, by and
between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation
("City"), located at 105 Polk Avenue, Cape Canaveral, Florida 32920, and GLE
ASSOCIATES, INC., a Florida corporation ("Consultant"), whose principal address is 5405 W.
Cypress Center Drive, Suite 110,Tampa, FL 33609
WITNESSETH:
WHEREAS, City continues to have a need to obtain achitectural services from time to
time on an as-needed, task-oriented basis; and
WHEREAS, the City and Consultant previously entered into that certain Agreement for
continuing Architectural Services dated July 27, 2011 ("Agreement"); and
WHEREAS, pursuant to the terms of the Agreement, City and Consultant desire to
extend the Agreement for a one-year renewal term and to modify certain additional provisions of
the Agreement as further set forth herein.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties covenant and agree as follows:
1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby
expressly incorporated herein by this reference as a material part of this Addendum.
2. Terms and Conditions. In accordance with the Agreement, City and Consultant hereby
expressly agree to modify the following terms and conditions of the Agreement as follows:
1.1 Unless sooner terminated by either Party pursuant to the terms and conditions
herein, this Addendum shall commence at 12:00 a.m. on July 27, 2016 and shall
terminate at 11:59 p.m. on July 27, 2017. The parties shall have the option to
renew the term for one (1) additional one (1) year renewal. Such an extension
shall only be by written amendment to this Agreement executed by both parties
hereto.
14.0 DOCUMENTS
14.1 Public Records. In accordance with section 119.0701, Florida Statutes,
Consultant agrees that all documents, transactions, writings, papers, letters, tapes,
photographs, sound recordings, data processing software, or other material,
regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to this Agreement or in connection with any funds provided by
Addendum to Agreement for Continuing Architectural Services
City of Cape Canaveral/GLE Associates,Inc.
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the City pursuant to this Agreement may be considered public records pursuant to
Chapter 119, Florida Statutes. Consultant agrees to keep and maintain any and all
public records that ordinarily and necessarily would be required by the City in
order to perform the services required by this Agreement. Consultant also agrees
to provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not
exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise
provided by law. Consultant shall also ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized by law. In addition, Consultant shall meet all
requirements for retaining public records and transfer, at no cost to the City, all
public records in possession of the Consultant upon termination of this Agreement
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 City in a format that is compatible with the
information technology systems of the City. If Consultant does not comply with a
public records request, the City shall have the right to enforce the provisions of
this Paragraph. In the event that Consultant fails to comply with the provisions of
this Paragraph, and the City is required to enforce the provisions of this
Paragraph, or the City suffers a third party award of attorney's fees and/or
damages for violating the provisions of Chapter 119, Florida Statutes due to
Consultant's failure to comply with the provisions of this Paragraph, the City
shall be entitled to collect from Consultant prevailing party attorney's fees and
costs, and any damages incurred by the City, for enforcing this Paragraph against
Consultant. And, if applicable, the City shall also be entitled to reimbursement of
any and all attorney's fees and damages which the City was required to pay a
third party because of Consultant's failure to comply with the provisions of this
Paragraph. This Paragraph shall survive the termination of this Agreement.
a. Reuse of Documents. All documents including, but not limited to, drawings,
specifications, and data, or programs stored electronically or otherwise, prepared
by the Consultant and its independent contractors and associates pursuant to this
Agreement or related exclusively to the Services described herein shall be owned
by the City and may be reused by the City for any reason or purpose at anytime.
However, the City agrees that the aforesaid documents are not intended or
represented to be suitable for reuse by the City or others on any undertaking other
than the Work outlined in this Agreement. Any reuse for an undertaking other
than for the Work without verification or adaptation by the Consultant, or its
independent contractors and associates if necessary, to specific purposes intended
will be at the City's sole risk and without liability or legal exposure to the
Consultant.
b. Ownership of Documents. The City and the Consultant agree that upon payment
of fees due to the Consultant by the City for a particular design, report, inventory
Addendum to Agreement for Continuing Architectural Services
City of Cape Canaveral/GLE Associates,Inc.
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list, compilation, drawing, specification, model, recommendation, schedule or
otherwise, said design, report, inventory list, compilation, drawing, specification,
technical data, recommendation, model, schedule and other instrument produced
by the Consultant in the performance of this Agreement, or any Work hereunder,
shall be the sole property of the City, and the City is vested with all rights therein.
The Consultant waives all rights of copyright in said design, report, inventory list,
compilation, drawing, specification, technical data, recommendation, model,
schedule and other instrument produced by the Consultant in the performance of
this Agreement, and hereby assigns and conveys the same to the City whether in
the possession or control of the Consultant or not.
c. Preexisting Ownership Rights to Documents. Notwithstanding any provisions
to the contrary contained in this Agreement, Consultant shall retain sole
ownership to its preexisting information not produced and paid for by the City
under this Agreement including, but not limited to, computer programs, software,
standard details, figures, templates and specifications.
31.0 NOTICE
31.1 Any notices required to be given by the terms of this Agreement shall be
delivered by hand or mailed, postage prepaid to:
For Consultant:
GLE Associates, Inc.
Attn: Robert B. Greene, President
5405 W. Cypress Center Drive, Suite 110
Tampa, FL 33609
(813)241-8350 Phone
(813)241-8737 Fax
For City:
City of Cape Canaveral
Attention: City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
(321) 868-1230 Phone
(321) 868-1224 Fax
31.2 Either party may change the notice address by providing the other party written
notice of the change.
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City of Cape Canaveral/GLE Associates,Inc.
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32.0 SOVEREIGN IMMUNITY
32.1 Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed on the City's potential liability under state or federal law. As such, the
City shall not be liable under this Agreement for punitive damages or interest for
the period before judgment. Further, the City shall not be liable for any claim or
judgment, or portion thereof, to any one person for more than two hundred
thousand dollars ($200,000.00), or any claim or judgment, or portion thereof,
which, when totaled with all other claims or judgments paid by the State or its
agencies and subdivisions arising out of the same incident or occurrence, exceeds
the sum of three hundred thousand dollars ($300,000.00). This paragraph shall
survive termination of this Agreement.
3. Other Terms and Conditions. Any other terms and conditions not expressly
modified by this Addendum shall remain unchanged and in full force and effect.
4. Conflict. In the event that any terms and conditions of the Agreement conflict
with the provisions of this Addendum, this Addendum shall control.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
CITY: CONSULTANT:
CITY OF CAPE CANAVERAL GLE A OCIATES, I .
.
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David L. Greene, City Manager Robert B. Greene, President
ATTEST:
gclig-MEMitresim, City Clerk
Mia Goforth
Addendum to Agreement for Continuing Architectural Services
City of Cape Canaveral/GLE Associates,Inc.
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