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1st Amendment 02/21/2018eOJ� COURT" O � �JM C � •• sp N-0 Kevin Madok, cPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: March 7, 2018 TO: Beth Leto, Airports Business Manager FROM: Pamela G. HancoC. SUBJECT: February 21 "BOCC Meeting Attached are electronic copies of the following items for your handling: C13 Second Amendment to Contract with Cliffhanger Janitorial, Inc., for janitorial services at Key West International Airport, renewing the agreement for one (1) year and increasing annual contract amount from $403,294.92/year to $411,764.11 /year for annual CPI adjustment of 2.1 %. C14 First Amendment to Lease Agreement with Susan Wallace d/b /a Jet Lag, KW, LLC, to clarify language in the lease regarding annual rent adjustments for their gift shop space at the Key West International Airport. C15 First Amendment to the Master Agreement for Professional Services with Jacobs Project Management Co. for General Consulting Services for both Monroe County Airports, adding certain federal contract provisions to the master agreement. C16 Change Orders 8, 9, 10, 11, 12 and 13 with OAC Action Construction Corp., increasing contract time by 84 days and contract sum by $111,193.37 for the Key West International Airport Customs Facility Phase II project, funded by FDOT grant (50 %) and Fund 404 Operating (50 %). Should you leave any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305- 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 t If AMENDMENT NO. 1 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN JACOBS PROJECT MANAGEMENT CO. AND MONROE COUNTY, FLORIDA THIS AMENDMENT NO. 1, dated February 21, 2018, is entered into by and between JACOBS PROJECT MANAGEMENT Co., with a place of business at 3750 NW 87th Avenue, Suite 750, Miami, FL 33178 (hereinafter called "Consultant ") and MONROE COUNTY, a political subdivision of the State of Florida, represented by its Board of County Commissioners (hereinafter called "County "), collectively referred to herein as "Parties ", provides as follows: WITNESSETH: WHEREAS, on September 10, 2017 the Florida Keys was struck by Hurricane Irma; and WHEREAS, Hurricane Irma struck the Keys as a category 4 storm causing extensive damage to County properties including the Florida Keys Marathon International Airport and the Key West International Airport; and WHEREAS, FEMA will reimburse eligible Hurricane Irma costs for work performed by the County's Consultant so long as the Consultant's contract contains certain federal contract provisions; and WHEREAS, the Consultant has agreed to incorporate these provisions in order that the County may seek FEMA reimbursement for the Hurricane Irma recovery work; NOW, THEREFORE, in consideration of mutual promises, covenants and contracts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Consultant agree as follows: Section 1. Article 34 TERMINATION is amended to read as follows: ARTICLE 34 TERMINATION A If funding cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified in this agreement, the agreement may be terminated immediately at the option of the County by written notice of termination delivered to the Consultant. The County shall not be obligated to pay for any services provided by the Consultant after the Consultant has received written notification of termination, unless otherwise required by law. B In the event the Consultant shall be found to be negligent in any aspect of service, the County shall have the right to terminate this agreement after five days written notification to the Consultant. C Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. D Termination for Convenience; Termination for Cause and Remedies: The County may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to Consultant. In the event of breach of any contract terms, the County also retains the right to terminate this Agreement. The County may terminate this agreement for cause with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Consultant with five (5) calendar days' notice and provide the Consultant with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this agreement with the Consultant, County shall pay Consultant the sum due the Consultant under this agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Consultant shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. Section 2. The following FEDERAL CONTRACT REQUIREMENTS language is hereby added to the contract as ARTICLE 36 as follows: ARTICLE 36 FEDERAL CONTRACT REQUIREMENTS A. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Consultant, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, I C, agrees as follows : 1) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. 4) The Consultant will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. s 7) In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. B. MISCELLANEOUS FEDERAL CONTRACT REQUIREMENTS 1) The Consultant and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 and 2 C.F.R. Part 200, as amended including but not limited to: 2) Consultant agrees to 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) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 3) Davis -Bacon Act, as amended (40 U.S.C. § §3141- 3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, 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. If applicable, the County must place a 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. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), 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 sub recipient is prohibited from inducing, by any r 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. 4) The Consultant shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 5) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 6) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701- 3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, 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. D. RIGHTS TO INVENTIONS 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 sub recipient 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 sub recipient 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. 11 E. CLEAN AIR AND WATER POLLUTION CONTOL ACT 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 sub grants 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). F. 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. G. BYRD ANTI - LOBBYING AMENDMENT (31 U.S.C. 1352) Consultant's 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. H. PROCUREMENT OF RECOVERED MATERIALS Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. Consultant must comply with section 6002 of the Solid Waste disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. I. AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) — The Consultant will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Consultant pursuant thereto. J. DISADVANTAGED BUSINESS ENTERPRISE Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Consultant agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Consultant and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. K. E- VERIFY The Consultant shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Consultant during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. Section 3 . All other provisions of the Master Agreement For Professional Services Between Jacobs Project Management Company and Monroe County dated February 15, 2017 not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. A ie -�dul p IESS WHEREOF, each party caused this AMENDMENT NO. 1 to be executed by its orized representative on the day and year first above written. (SEAL); I BOARD OF COUNTY COMMISSIONERS Attest: K CLERK Deputy Clerk Date: Zt, OF MONROE COUNTY, FLORIDA By: Mayor /Ch lrman CONSULTANT: JACOBS PROJECT MANAGEMENT CO By: Print name: James R. Davis Title: Sr. Vice President Date: January 26, 2018 STATE OF FLO,1 IpA Q C � COUNTY OF Q M On this `L day of -\Arro 20 11, before me the undersigned notary public, Personally appeared 15 , known to me to be the Person whose name is subscribed above or who produced — As identification, and acknowledged that he /she is the person who executed the above Amendment No. 1 to the Master Agreement For Professional Services Between Jacobs Project Management Company and Monroe County for the purposes therein contained. C7) Notary Pub 'c CD a vie r-2 S Print Na e ° n My commission expir Seal rn MY COMMISSION # FF090985 a. OSS :�; �1 CD CD EXPIRES: Apri127, 2018 f = r - � c