2nd Amendment 05/18/2016AMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: June 29, 2016
TO: Judith Clarke
Director of Engineering
ATTN.• Breanne Erickson, Senior Engineering Technician
FROM. Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C4
At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items:
C7 Approval of Amendment 2 to the Agreement for Disaster Response and Recovery Services with
DRC Emergency Services, LLC to update Miscellaneous Provisions due to changes in the Federal
Emergency Management Agency (FEMA) procedures outlined in the FEMA Super Circular.
C8 Approval of Amendment 2 to the Agreement for Hurricane Debris Monitoring and Disaster
Related Services with Tetra Tech, Inc. to update Miscellaneous Provisions due to changes in the Federal
Emergency Management Agency (FEMA) procedures outlined in the FEMA Super Circular.
C9 Approval of Amendment 1 to Contract with Paradise Divers, Inc for Temporary Ferry Service
Between the City of Marathon and Pigeon Key, extending the expiration date to June 30, 2017. Annual
contract term to run July 1, 2016 - June 30, 2017 at total contract cost of $231,249.40 with contributions
from FDOT in amount of $125,000.00, City of Marathon in amount of $17,343.75 and Pigeon Key
Foundation in amount of $1,406.25.
Enclosed is a duplicate original executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
CC: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117Overseas 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 2 TO THE
AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES
THIS AMENDMENT 2 to the Agreement dated June 20, 2012, between Monroe County, whose address is
1100 Simonton Street, Key West, Florida 33040, hereafter the "COUNTY" and DRC Emergency Services, LLC, a
Limited Liability Company of the State of Alabama, whose address is 13 Evia Main, Galveston, TX 77554, hereafter
the "CONTRACTOR" is entered into on this 19) day of 2016.
WHEREAS, on the 201h of June 2012, the parties entered into an Agreement for Disaster Response and
Recovery Services authorizing the Contractor to provide professional services for disaster response and recovery
services; and
WHEREAS, on the 172h of November 2015, the parties executed Amendment 1 to the Agreement which
updated Contractor contact and personnel information; and
WHERAS, due to changes in the Federal Emergency Management Agency (FEMA) Super Circular effective
December 26, 2014, additional provisos need to be added to the Agreement; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Contractor
agree to amend the Agreement as follows:
1. ARTICLE IX MISCELLANEOUS shall be amended by adding the following:
Section 9.30 FEMA ADMINISTRATIVE REQUIREMENTS
The following forms or provisions as set forth below, as required by 2 C.F.R. Part 200, are
incorporated herein and made a part of this contract.
9.30.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts
that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include
the equal opportunity clause provided under 41 CFR 60-1.4(b).
9.30.2 Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must
comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be
required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The COUNTY must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must
report all suspected or reported violations to the Federal awarding agency. The contractors must also
comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she is
otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding
agency.
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9.30.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all
contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or
laborers must comply with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C.3702 of the Act, each contractor must compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one and a
half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market,or contracts for transportation or transmission of
intelligence.
9.30.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of"funding agreement" under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties,assignment or performance of experimental,developmental, or research work under that
"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the
awarding agency.
9.30.5 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387),as amended—Contracts and subgrants of amounts in excess of$150,000 must comply with all
applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)
and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).Violations must be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency
(EPA).
9.30.5 Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220)must not be made to parties listed on the governmentwide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189)and 12689(3 CFR part 1989 Comp., p.235), "Debarment
and Suspension."SAM Exclusions contains the names of parties debarred,suspended, or otherwise
excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
9.30.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—Contractors that apply or bid for an award
exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not
and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are
forwarded from tier to tier up to the non-Federal award.
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2. In all other respects the Agreement dated June 20, 2012, as amended, remains in full force and
effect.
In WITNESS WHEREOF, each party hereto has caused this agreement to be executed by its duly authorized
Date
(SEAL)
Attest:
By: Lisa Garcia
Title: Contract Manager
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BOARD OF COUNTY COMMISSIONERS
OF MONROF COUNTY, FLORIDA
By: A
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DRC EMERGENCY SERVICES, LLC
By: 4 djh4K--risty Fuentes
Title: Vic Pr E nt, i Sec aryand Treasurer
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