CN-370000-CN047-A4.pdf

DEP CONTRACT CN047

AMENDMENT No. 4

This DEP Contract CN047, Amendment No. 4 to Professional Services Agreement CN047 is entered into between the STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION

(the "Department"), and EDWARD C. HOFFMAN, JR., ARCHITECTS, P.A., a Florida corporation

("Consultant").

RECITALS

A. Whereas, the Department and Consultant entered into Professional Services Agreement

CN047, on January 10, 2011, inclusive of attachments (the "Professional Services Agreement"');

B. Whereas, the Professional Services Agreement was amended by DEP Contract No.

CN047 Amendment No. 1, on January 10, 2014; DEP Contract No. CN047 Amendment No. 2, on

December 8, 2014; and DEP Contract No. CN047 Amendment No. 3, on May 28, 2015; and, as amended (collectively, the "Agreement"), is incorporated herein by reference;

C. Whereas, DEP Contract No. CN047 Amendment No. 3 extended the agreement to the latest completion date of any Work Assignment authorized by the Department and pending with the Consultant as of July 10, 2015;

D. Whereas, Section 287.057(12), Florida Statutes, limits the extension of contracts for commodities or contractual services, and states:

Extension of a contract for commodities or contractual services must be in writing for a period not to exceed 6 months and is subject to the same terms and conditions set forth in the initial contract and any written amendments signed by the parties. There may be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the contractor.

E. Whereas, the parties intend to further clarify the extension period for the

Agreement and comply with Section 287.057(12), Florida Statutes; and

F. Whereas, the failure to complete the criteria set forth in the Agreement on or before the expiration of the first extension, on July 10, 2015, is due to events beyond the control of the Consultant.

NOW THEREFORE, the Agreement is hereby modified as follows:

1. Recitals. The Recitals set forth hereinabove are true and correct and are incorporated herein by reference.

2. Modifications to the Agreement. The extension of the Agreement, authorized by

DEP Contract No. CN047 Amendment No. 3, providing that "The term of this Agreement

DEP CONTRACT NO. CN047, AMENDMENT No. 4, PAGE 1 of 3 began on January 10, 2011, and shall be coterminous with the latest completion date of any Work Assignment authorized by the Department and pending with the Consultant as of July 10, 2015" is hereby modified to extend the Agreement to January 10, 2016, six months after the expiration of the first extension on July 10, 2015, for purposes of completing any Work Assignment pending with the Consultant as of July 10, 2015.

3. Successors and/or Assigns. The parties agree and confirm that the Agreement, as amended by this DEP Contract No. CN047 Amendment No. 4, is binding upon the

Department and the Consultant, and their respective successors and assigns.

4. Counterparts. This DEP Contract No. CN047 Amendment No. 4 may be executed in counterparts, each of which shall be effective, but together shall constitute DEP

Contract No. CN047 Amendment No. 4. In the event a party delivers a signed counterpart via facsimile transmission or a ".pdf' format data file via email, such delivery via electronic signature shall create a valid binding obligation of the transmitting party with the same force and effect as an inked original. Any party transmitting an executed counterpart via electronic signature shall deliver the inked original to the receiving party upon request.

5. Ratification. Except as modified by this DEP Contract No. CN047 Amendment No.

4, the Agreement and all its terms and conditions shall remain unchanged and in full force and effect, and the same are hereby ratified and confirmed. Hereinafter, the term

"Agreement" shall collectively mean the Professional Services Agreement, as modified by

DEP Contract No. CN047 Amendment No. 1, DEP Contract No. CN047 Amendment No. 2, DEP Contract No. CN047 Amendment No. 3, and DEP Contract No. CN047 Amendment

No. 4. In the event of a conflict, DEP Contract No. CN047 Amendment No. 4 shall control.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

DEP CONTRACT NO. CN047, AMENDMENT No. 4, PAGE 2 of 3

'NHl HI 1-01{[ the parties haw t,HN:!t! th,� Amendment No 4 lo bt:· dLSIV executed :he d.JV i::Hld year last \Wrtten below

"CONSLJL T t.rn

EDWARD C HOFf-MI\N, JR.

AKCHI H Cl S P.A. a florrda corporation

By .l:-Ar! c.Jb.l(��-/1_ Print Name; �,...,,,_-q:-:.4.@�1Qr-. ... h As ���..1,��At:,.-.,.1...1 u:z;c,;;,-

!SEAL)

Date. 10 .:;..ji,:;- F(ID Number: S-j- 2 ,:i.. q70.J

"OEPf1RlMI-N 1·

Sll\TE OF FlOfllt)ADtPAJflMtNl Of (NVIR f NTAL PROTECTIO�

As. �=�:c-_..Qc.1__.2....I.!::.!:::!,,..! _____ _

Rurer11J of Dt>,1�n & ( on<,11 utlron Otf ,ce of Operiltions 3900 C omrnorwt>rtlU, Hlvd Tallahassee. Florida 3J31)9--i000

Date: _l_,l /__.:;3=-()....1./.....:( ..... C _______ _

DLP lON fRf..(_ .. NO (N:.;..1 '· ll,MLNO .,11ur No 4, PAGL 3 l.il ..!

WHEREFORE, the parties have caused this Amendment No. 4 to be duly executed the day and year last written below.

"CONSULTANT"

EDWARD C. HOFFMAN, JR.,

ARCHITECTS, P.A., a Florida corporation

By: ___________ _

Print Name:

As: ____________ _

(SEAL)

FEID Number:---------

"DEPARTMENT"

STATE OF FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

By: ____________ _

Print Name:-----------

As: _____________ _

Bureau of Design & Construction

Office of Operations

3900 Commonwealth Blvd.

Tallahassee, Florida 32399-3000

Date:-------------

Approved as to form and legality (subject to tion by the parties):

DEP CONTRACT NO. CN047, AMENDMENT No. 4, PAGE 3 of 3