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3rd Amendment 02/19/2020 R°O RTe\�1 ° °4 #0, Kevin Madok, CPA No Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: February 26, 2020 TO: Rhonda Haag, Director Sustainability&Projects Lindsey Ballard,Aide to the County Administrator FROM: Pamela G. Hanco��I C. SUBJECT: February 19th BOCC Meeting Attached is an electronic copy of the following item for your handling: D2 Board granted approval to rescind the 3rd Amendment approved at the January 2020 BOCC meeting and replace with the revised Amendment to correct a scrivener's error (missing page 2) for Amendment No. 3 to the contract with Wood Environment&Infrastructure Solutions, Inc. for marine debris monitoring services in connection with the Natural Resources Conservation Service (NRCS) Grant NR184209XXXXCO27. Amendment 3 revises the contract to use higher burdened hourly rates for personnel instead of unburdened rates in return for removing digital field documentation equipment expenses, retroactive to July 18, 2018. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS,INC. FOR CONSULTING SERVICES FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES THIS AMENDMENT NO. 3 ("Amendment") is entered into on January 22, 2020 to the Agreement Between Monroe County Board of County Commissioners and Wood Environment and Infrastructure Solutions, Inc. for Consulting Services for Hurricane Irma Marine Debris Monitoring and Disaster Related Services dated July 18, 2018 ("Agreement"), by and between Monroe County Board of County Commissioners ("County") and Wood Environment & Infrastructure Solutions, Inc. ("Wood"). WITNESSETH: WHEREAS, on May 17, 2018, the County issued a Request for Proposals (RFP), seeking proposals to conduct monitoring work in conjunction with NRCS EWP grant agreement NR184209XXXXCO27 ("NRCS Grant") ;and WHEREAS, Wood submitted a proposal (Proposal) on May 24, 2018, which included fully burdened rates for its personnel and no separate costs for expenses such as the cost of digital field documentation equipment; and WHEREAS, on June 20, 2018, the Board of County Commissioners (BOCC) gave approval to negotiate an agreement with Wood; and WHEREAS, subsequent to the June 20, 2018 meeting, County staff negotiated a contract with Wood that provided instead for unburdened hourly personnel costs and a separate additional cost for certain types of expenses, including $75 per day (subsequently changed to $75 per monitor per day, via a First Amendment to the Agreement) for digital field documentation expenses, defined in the Agreement to mean "cameras, water level & measuring tapes, GPS units, etc."; and WHEREAS, the Agreement, with unburdened hourly rates and the separate charge for digital field documentation equipment, was approved by the BOCC on July 17, 2018; and WHEREAS, paragraph 7.2.1(B) of the Agreement provided "The CONSULTANT's invoice shall be accompanied by such documentation or data in support of-expenses for which payment is sought as the County may require"; and Page 1 of Amendment No.3 WHEREAS, from the start of the project through September 2019, Wood submitted invoices that included approximately for $149,000 for digital field documentation equipment ("DFDE"), and this portion of the invoices has not yet been reimbursed because documentation for this expense in the form of corresponding statements and receipts has not been available; and WHEREAS, Wood and the County wish to resolve this issue. 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 Wood (the "Parties") agree as follows: 1. This Amendment is retroactive to July 18th, 2018. 2. The Parties agree that in order to resolve the DFDE issue, the Parties will agree to reimburse Wood for its personnel, using the burdened hourly rates for each job title submitted in Wood's Proposal rather than the unburdened hourly rates negotiated for the Agreement ("Adjusted Burdened Personnel Rates"). In return for using the Adjusted Burdened Personnel Rates for each job title, the Parties agree that Wood will withdraw and shall not be compensated for its DFDE expense. A. With one exception, listed below, for all invoices submitted by Wood for the NRCS Project using the unburdened rates, the County will reimburse Wood at the same hours, but using the higher burdened rates by job title, without the need for Wood to submit revised invoices. B. Wood has represented that on April 1, 2019, one Wood employee received a promotion, from Field Monitor to Field Supervisor, but that the invoices received by the County from Wood did not reflect this promotion or corresponding increase in pay. Within ten (10) days following approval of this Amendment, and as a precondition to payment, Wood shall submit revised invoices covering services rendered in April 2019 forward, showing the increase in hourly rate for this one person in this one position only. No other changes will be accepted on these invoices. 3. For any invoices covering months of service not yet submitted by Wood, Wood shall bill using the burdened hourly rates by job title shown in the Proposal and shall not bill for, nor receive compensation for, DFDE. 4. All other provisions contained in the Agreement for Consulting Services for Hurricane Irma Marine Debris Monitoring and Disaster Related Services as previously amended remain unchanged and shall remain in full force and effect. Page 2 of Amendment No.3 5. Upon approval of this Amendment by the BOCC, the County shall ask the Clerk to release the payment for the DFDE. If the Adjusted Burdened Personnel Rates are less than the sum of the unburdened hourly rates plus charges for DFDE expenses originally submitted by Wood, the County shall be entitled to an offset for the difference from the payment due for DFDE. 6. This Amendment resolves the DFDE issue in its entirety between the Parties. INWITNESS WHEREOF, each party has caused this AMENDMENT NO. 3 to be executed by e-/`=its d i 7 authorized representative as of the dates shown below. NiitAt �" (SFAL) rT BOARD OF COUNTY COMMISSIONERS 1V C'i:''Attest KET MADOK, CLERK OF MONROE COUNTY,FLORIDA ��By.��,. By: Deputy lerk Ma or/Ch an Date: Se 7 19` 1-..'1-1' WOOD ENVIRONMENT AND INFRASTRUCT SOLUTIONS,INC. By:"/A Print name: M ►-'- tAn c-2"1 k. Title: 0 Pr-tc.i. ivtrawA.C,PA cJ o •• , Date: ( — (.9 — Zo U (V u- L.aJ --:7.-_ CY_ Q.� _ lD a_ c L D tr.! L-:J la- nr o z MONROE COUNTY • . .wpl OVER • .d k•.r ;/ Date: maw _/ . Page 3 of Amendment No.3 • AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND WOOD ENVIRONMENT AND INFRASTRUCTURE SOLUTIONS, INC. FOR CONSULTING SERVICES FOR HURRICANE IRMA MARINE DEBRIS MONITORING AND DISASTER RELATED SERVICES Hourly Burdened Wood Labor Classifications Rate Principal in Charge $194.00 Project Manager $155.00 Emergency Management Coordinator $155.00 Debris Monitoring Safety Specialist $159.00 GIS Analyst $132.00 Data Manager $132.00 Field Supervisor ' $111.70, Dive Team - Lead Diver $329.10 Side Scan Survey Monitor/Analysis $245.00 Side Scan Survey Crew - 2 Survey Technicians $222.00 Collection Monitor $89.70 Adminstration $60.00 Page 4 of Amendment No.3