1st Amendment 06/17/2020 „1
is °`'°1s Kevin Madok, CPA
1 �! ar Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: June 29, 2020
TO: Beth Into,Airports
Business Manager
FROM: Pamela G. Hanco .
SUBJE(Tr: June 17th BOCC Meeting
Attached is an electronic copy of each of the following for your handling:
C20 I st Amendment to the Master Agreement for Professional Services with THC, Inc.
to provide engineering,consulting and other professional services for the next phases of the Noise
Insulation Program at Key West International Airport.The agreement is funded by FAA grunts
(90%); and PFC#17 (10%).
C21 1' Amendment to Memorandum of Agreement with I J.S. Customs and Border
Protection (CBP) for the User Fee Airport Program at die Florida Keys Marathon International
Airport to adjust the I CBP 0l6cer's weekly work schedule from Wednesday through Sunday
to Thursday through Monday; die hours of service from 9:00 a.m. until 5:30 pan. will remain
unchanged. Please be sure to return a fully executed copy once signed by CBP.
C22 l'Amendment to Memorandum of Agreement (MOM with Federal Aviation
Administration (FAA) and die Florida Keys Marathon International Airport to add the FAA's
proposed Remote Center Air/Ground (RCAG) Communications Facilities to die MOA's "List of
Facilities”; and to add in the FAA's proposed "Section 13 limitation on Liability" to die
agreement. Please be sure to return a fully executed copy once signed by FAA.
Should you have any questions please feel free to contact nne 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
Is'AMENDMENT TO THE
MASTER AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THC.MC. AND
MONROE COUNTY,FLORIDA
THIS AMENDMENT is entered into this 1761 day of June 2020 by and between Monroe
County,a political subdivision of the State of Florida whose address is 1100 Simonton Street,Key
West,Florida 33040(hereinafter called"COUNTY"),and THC,Inc.,a Sub-Chapter S Corporation
authorized to do business in the State of Florida, whose address is 3300 Breckinridge Blvd.. Ste
200,Duluth,Georgia 30096(hereinafter called "CONSULTANT").
WITNESSETH
WHEREAS,on the 10'h day of June 2015, the COUNTY and CONSULTANT entered in
to a Master Agreement for Professional Services(hereinafter Original Agreement);and,
WHEREAS,the Original Agreement grants to COUNTY the option to renew the Original
Agreement for two (2)additional five(5)year terms; and
WHEREAS,the COUNTY is currently engaged in a multi-year Noise Insulation Program
(NIP)project involving hundreds of residences;and
WHEREAS,the CONSULTANT has been and continues to be an integral part of the NIP
project process; and
WHEREAS, the COUNTY's interests are best served by assuring continuity throughout
the current NIP project; and
WHEREAS,the COUNTY desires to exercise its option to renew the Original Agreement;
and
WHEREAS,the language of the non-discrimination and public records provisions need to
be updated and certain federal provisions added to the terms of the Original Agreement; and
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree to amend the original agreement as follows:
Section 1. Article 3. DATES OF PERFORMANCE of the Original Agreement is amended to read
as follows:
3. DATES OF PERFORMANCE
The term of this AGREEMENT shall be 5 years, commencing on July I, 2020 and
terminating on June 30, 2025. The term may be extended for one (I) additional five (5)
year terms at the COUNTY's sole discretion. Performance on assigned tasks shall
commence upon receipt by the CONSULTANT of a Professional Service Order. The
CONSULTANT acknowledges that the COUNTY will not be required to issue any given
Professional Service Order to the CONSULTANT until receipt of federal and state grant
funds and at the COUNTY'S discretion.
Section 2. Article 10.NONDISCRIMINATION of the Original Agreement is amended to read as
follows:
10. NONDISCRIMINATION
The parties agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred,this Agreement automatically terminates without any further
action on the part of any party,effective the date of the court order. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: I) Title VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC § 794), which prohibits discrimination on the basis of
handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and II) any other nondiscrimination provisions in any federal or
state statutes which may apply to the parties to,or the subject matter of,this Agreement.
Section 3. Article 31.PUBLIC ACCESS of the Original Agreement is amended to read as follows:
31. PUBLIC ACCESS
Public Records Compliance. CONSULTANT must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I
of the Constitution of Florida. The COUNTY and CONSULTANT shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or other
"public record" materials in its possession or under its control subject to the provisions of
Chapter 119,Florida Statutes,and made or received by the COUNTY and CONSULTANT
in conjunction with this contract and related to contract performance. The COUNTY shall
have the right to unilaterally cancel this contract upon violation of this provision by the
CONSULTANT. Failure of the CONSULTANT to abide by the terms of this provision
shall be deemed a material breach of this contract and the COUNTY may enforce the terms
of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attomey's fees and costs associated with that proceeding.
This provision shall survive any termination or expiration of the contract.
The CONSULTANT is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
CONSULTANT is required to:
(I) Keep and maintain public records that would be required by the COUNTY to perform
the service.
(2) Upon receipt from the COUNTY's custodian of records,provide the COUNTY with
a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the
CONSULTANT does not transfer the records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public
records in possession of the CONSULTANT or keep and maintain public records that
would be required by the COUNTY to perform the service.If the CONSULTANT transfers
all public records to the COUNTY upon completion of the contract, the CONSULTANT
shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the CONSULTANT keeps and maintains public
records upon completion of the contract, the CONSULTANT shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the COUNTY, upon request from the COUNTY's custodian of records, in a
format that is compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a COUNTY contract must be
made directly to the COUNTY,but if the COUNTY does not possess the requested records,
the COUNTY shall immediately notify the CONSULTANT of the request, and the
CONSULTANT must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
If the CONSULTANT does not comply with the COUNTY's request for records, the
COUNTY shall enforce the public records contract provisions in accordance with the
contract, notwithstanding the COUNTY's option and right to unilaterally cancel this
contract upon violation of this provision by the CONSULTANT.A CONSULTANT who
fails to provide the public records to the COUNTY or pursuant to a valid public records
request within a reasonable time may be subject to penalties under Section 119.10, Florida
Statutes.
CONSULTANT shall not transfer custody, release, alter, destroy or otherwise dispose of
any public records unless or otherwise provided in this provision or as otherwise provided
by law.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY, AT (305) 292-3470, BRADLEY-
BRIAN(aZMONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL
33040.
Section 4. The following FEDERAL CONTRACT REQUIREMENTS language is hereby added
to the contract as ARTICLE 42 as follows:
42. FEDERAL CONTRACT REOUIREMENTS
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, ¶ C, agrees as
follows:
I) 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 CONSULTANTS 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.
7) In the event of the CONSULTANTS 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.
8) The CONSULTANT will include the portion of the sentence immediately
preceding paragraph (I) and the provisions of paragraphs (I) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September
24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The
CONSULTANT will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including
sanctions for non-compliance; provided, however, that in the event a CONSULTANT
becomes involved in,or is threatened with, litigation with a sub consultant or vendor as a
result of such direction by the administering agency the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
B. MISCELLANEOUS FEDERAL CONTRACT REQUIREMENTS
I) 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) Davis-Bacon Act, as amended (40 U.S.C. §§31413148). 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. §§314I-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 contractor 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 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.
a)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.
b) Subcontracts. The CONSULTANT or sub consultant 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 sub consultants to
include these clauses in any lower tier subcontracts.The CONSULTANT shall be
responsible for the compliance by any sub consultant or lower tier sub consultant
with all of these contract clauses.
C) 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 S 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.
E. CLEAN AIR ACT (42 U.S.C. 7401-7671q.) AND WATER POLLUTION
CONTROL ACT(33 U.S.C. 1251-1387)
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 report violations to
FEMA and the Regional Office of the Environmental Protection Agency(EPA).The Clean
Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C.
1251-1387), as amended—applies to Contracts and sub grants of amounts in excess of
$150,000.
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 government
wide 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.
I 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 sub consultants 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.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONSULTANT,with the funds authorized by this Agreement,seeks
to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the
CONSULTANT shall take the following affirmative steps to assure that minority
businesses, women's business enterprises, and labor surplus area firms are used
whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's
business enterprises on solicitation lists;
(2) Assuring that small and minority businesses,and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements,when economically feasible,into
smaller tasks or quantities to permit maximum participation by small and
minority businesses,and women's business enterprises;
(4) Establishing delivery schedules,where the requirement permits,
which encourage participation by small and minority businesses,and
women's business enterprises;
(5) Using the services and assistance,as appropriate,of such
organizations as the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
(6) Requiring the CONSULTANT, if subcontracts are to be let,to take
the affirmative steps listed in paragraph (I)through (5)of this section.
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.
L. 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 I. 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.
DHS Deal, Logo and Flags: Contractor shall not use the Department of Homeland Security
seal(s), logos, crests, or reproduction of flags or likeness of OHS agency officials without
specific FEMA approval.
M. CHANGES TO CONTRACT
The 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
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.
Section 5. All other provisions of the Master Agreement for Professional Services Between THC,
Inc. and Monroe County dated June 10, 2015 not inconsistent herewith, shall remain in full force
and effect.
S WHEREOF, the parties hereto have executed this Agreement on the day. month,
s• .i above written.
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