HomeMy WebLinkAbout3rd Amendment 04/15/2020 RGOURr4`11
:/;- .4.....V•00 Kevin Madok, CPA
i�o�:' � to
o : Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: April 17, 2020
TO: Rhonda Haag, Director
Sustainability&Projects
Lindsey Ballard,Aide
to the County Admin. r�ator
FROM: Pamela G. Hancoc , �.C.
SUBJECT: April 15th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
06 3rd Amendment, under the On-Call Contract with Wood Environment&
Infrastructure Solutions, Inc. for Category B Canal Infrastructure Engineering Services, to
incorporate Florida Department of Emergency Management(FDEM) provisions; such that FDEM
funding may be applied to work under this Agreement.
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 CONTRACT FOR
ON CALL PROFESSIONAL ENGINEERING SERVICES FOR CATEGORY B
CANAL INFRASTRUCTURE ENGINEERING SERVICES
15th April
THIS AMENDMENT NO. 3, dated this 1-8tlr day of March, 2020 is entered into between
the County and the CONSULTANT, to the Contract For On Call Professional Engineering
Services for Category B Canal Infrastructure Engineering Services, dated the 15th day of March
2017, as amended December 13, 2017 and June 20, 2018 by and between Monroe County Board
of County Commissioners, hereinafter referred to as "COUNTY," and Wood Environment &
Infrastructure Solutions, Inc., hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the parties entered into an agreement for on call engineering services on the
15th day of March 2017 hereafter"original agreement"; and
WHEREAS, the parties entered into the 1st amendment to the original agreement on
December 13, 2017 to amend the original agreement to incorporate the federal provisions such
that federal funding may be applied to work under this agreement; and
WHEREAS, on June 20, 2018 the parties entered into the 2"a amendment to the original
agreement to conform the name on the original agreement between the parties to reflect
CONSULTANT's new corporate name,Wood Environment& Infrastructure Solutions, Inc.; and
WHEREAS, the parties wish to amend the original agreement to also incorporate Florida
Department of Emergency Management (FDEM) provisions such that FDEM funding may be
applied to work under this agreement;
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 9.8 MAINTENANCE OF RECORDS is amended to read as follows:
9.8 MAINTENANCE OF RECORDS
CONSULTANT shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Records shall be retained for a period of seven (7) years from the
termination of this agreement or for a period of five (5) years from the submission of the final
expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or
Page 1 of Amendment No.3
its authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement and
for seven (7) years from the termination of this agreement or for a period of five (5) years from
the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. If an
auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT
pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together
with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
Section 2. Article XI ADDITIONAL FEDERAL CONTRACT REQUIREMENTS is
hereby added to the contract as follows:
11.1 Access to Records: CONSULTANT and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security (DHS) and the Federal Emergency Management Agency's
(FEMA) access to records, accounts, documents, information, facilities, and staff.
CONSULTANT must;
1. cooperate with any compliance review or complaint investigation conducted by DHS
2. Give DHS access to and the right to examine and copy records, accounts, and other
documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by
DHS regulations and other applicable laws or program guidance.
3. Submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports.
11.2 DHS Seal, Logo and Flags: CONSULTANT shall not use the Department of Homeland
Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials
without specific FEMA approval.
11.3 Changes to Contract: CONSULTANT understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within
the scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change order
or constructive change must be approved in writing by both the COUNTY and CONSULTANT.
11.4 The CONSULTANT is bound by the terms and conditions of the Federally-Funded
Subaward and Grant Agreement between COUNTY and the Florida Division of Emergency
Management (Division) found on the Monroe County web page through the following link:
http://www.monro ecounty-fl.gov/DocumentCenter/View/22 8 83/DEM-Agreement
Page 2 of Amendment No.3
11.5 The CONSULTANT shall hold the Division and COUNTY harmless against all claims of
whatever nature arising out of the CONSULTANT's performance of work under this Agreement,
to the extent allowed and required by law.
Section 3. All other provisions of the Contract for On Call Professional Engineering Services
for Category B Canal Infrastructure Engineering Services, dated the 15th day of March 2017, as
amended December 13, 2017 and June 20, 2018 not inconsistent herewith, shall remain in full
force and effect.
u,. IN WITNESS WHEREOF, each party caused this AMENDMENT NO. 3 to be executed
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,fi ;by it duly,authorized representative on the day and year first above written.
i,;( ; (S,1✓'AI�'ii: \ BOARD OF COUNTY COMMISSIONERS
',I 2A#te t KEVILN MADOK, CLERK OF MONROE CO NTY FLORIDA
.eer`' Ta.,:„..,_e_r',..4Ryn"- By:
Deputy Clerk Mayo Chai n
Date: lJ I S", 2'19 y"2
WOOD ENVIRONMENT & INFRASTRUCTURE
rvROE COUNTY A7,TTORNEY , SOLUTIONS,INC.
APtaIROV7 FORM
By:
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Subscribed and sworn to (or affirmed)before me,bymeans ofhpresence or ❑ online
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notarizatio n 4i-cat- 2_ 2 2_O (date) by Mq yk 7 c z y,Z (name of
affiant). e/ he is person 1 1&iown to me or has produced (type of
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Page 3 of Amendment No.3