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1st Amendment 09/17/2003 Cled( 01 De Circ. coun Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 Memnrandum To: Dent Pierce, Director Public Works Department Attn: Beth Leto ;) From: Isabel C. DeSantis, Deputy Clerk Date: Tuesday, September 30, 2003 At the meeting of September 17, 2003, the Board approved the following: Amendment to Agreement between Monroe County and DRC, Inc. clarifying the County's labor and equipment options and authority to issue task orders in response to a disaster or emergency declaration. Enclosed is a fully executed duplicate original of the subject document for your handling. Should you have any questions concerning this matter, please do not hesitate to contact this office. Copies: Finance County Attorney File ./ AMENDMENT TO AGREEMENT THIS AMENDMENT to agreement is made and entered into this 12frL day of Sept-. 2003, between the County of Monroe (hereinafter "GOVERNMENT") and DRC, Inc. (hereinafter "CONTRACTOR"). WHEREAS, the parties entered into a non-exclusive contract effective April 1, 2002, to retain a provider of disaster response services; and and WHEREAS, Monroe County is situated at the southern tip of the State of Florida; WHEREAS, the portion of Monroe County which contains the vast majority of its population consists of a chain of islands linked by bridges which may be destroyed or damaged beyond use in a disaster; and WHEREAS, the logistics of getting disaster response providers to affected areas of Monroe County may be cumbersome and time-consuming after a disaster; and WHEREAS, the parties intended the contract to allow Government to procure other disaster response services from local contractors when to do so would result in services being obtained in a more prompt and economic manner; and WHEREAS, it has been determined that language exists in the Agreement which could be interpreted in a different manner; and WHEREAS, the parties wish to clarify those provisions; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Article 2, second paragraph, of the Agreement shall be amended to read: CONTRACTOR shall perform the services, subject to subcontracts approved pursuant to Article 10, as stated in the Scope of Work, Exhibit A, as may be specifically authorized by the GOVERNMENT. Such authorizations will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. This clause does not restrict the GOVERNMENT from utilizing its own personnel and equipment or the personnel and/or equipment of municipalities in the County, the personnel and/or equipment of other governmental entities or of any other entities or contractors when the services performed by those entities can be performed with greater speed or less cost to the GOVERNMENT. 2. Exhibit A - Scope of Work, portion of paragraph preceding the lists of tasks covered by the agreement, shall be amended to read: The work and documentation to be performed will consist of furnishing labor, materials, and equipment to accomplish the following types of tasks ordered by GOVERNMENT in the event of a disaster that results in an emergency declaration. 3. The remaining provisions of the contract effective April 1, 2002, not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS Of ~. ~~Roe29uNT1' F~ORI~A ~~ //7. ~ Mayor/Chairman .Jla.l~C. &~ ~~ Deputy Clerk 2. 01 .-''<!- ...:r ..::, t._~~ ~,L, _J r- N (:J l.L... ....... <..> <( ~ W :c :r: 1-': >- _H..j t- o:: Q... CJ .:z: ~ :x::~=> 0 . (.)0 ....J .(.) u... ("") >-::.c:::w 0 Q.. :z:~o L&.J :z: 0::: UJ en c:( z -' ("P') o 0 - c::l< T:' u.. C'::) c:--.l