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2nd Amendment 07/19/2023 Kevin Madok, CPA ty Clerk of the Circuit Court& Comptroller Monroe Coun , Florida DATE: July 20, 2023 TO: Clin'stinc 11urIcV, Executive Director :Monroe County band Audion*tv ATIN: Cyndna Guerra, Acquisition Manager V1 113P Fair Housing Coordinator FROM: Painela G. SUBJECT: July 19" BOCC Meeting Attaclicd is an electronic copy ol'dic following item lor your handling: F4 2"' Amendment to die Up-ceinciii Md i Teli-aTecli, Inc., increasing die not to exceed ainount (spending cap) from $1,100,000.00 to $1 ,tl(),()()().00 to utilize consultant for the additional year added to die grant (line period by Department ol'Econoinic Opportunity, and adding new 1'ecleral contract requirements to die Agreement 1'()r Grant Management Se ices for the CDBG-DR Voluntm ' Home Buyout Prograiii Itinded dirougli Community Dex,clopinci-it Block Grant-Disaster Recovery (CDB(;-I)R) Blinds. Sliould you leave any questions please feel free to contact nic at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 330 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT TWO TO AGREEMENT FOR GRANT MANAGEMENT SERVICES BETWEEN MONROE COUNTY AND TETRA TECH INC. This Amendment ("Amendment Two") is made and entered into this 19th day of July 2023 by and between MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, thorough the Monroe County Board of County Commissioners (BOCC"), AND Tetra Tech, Inc. a Corporation of the State of Delaware whose address is 2301 Lucien Way, Suite 120, Maitland, Florida, 32751, its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT." WITNESSETH: WHEREAS, the Agreement for Grant Management Services (`AGREEMENT') for implementation of the Voluntary Home Buyout Program between Tetra Tech, Inc. and the COUNTY was entered into the 21 st day of October 2020 with an original termination date of October 21, 2022; and, WHEREAS, the Board of County Commissioners approved AMENDMENT ONE to the AGREEMENT on March 16, 2022 which extended the termination date to October 20, 2024 and amended the contract pricing table; and, WHEREAS, the State of Florida Department of Economic Opportunity ("DEO") and the Monroe County Board of Commissioners entered into a grant agreement (`DEO GRANT AGREEMENT") for the Voluntary Home Buyout Program under the United States Department of Housing and Urban Development Community Development Block Grant Disaster Recover program on June 4, 2020 with a termination date of June 4, 2022; and, WHEREAS,the DEO GRANT AGREEMENT has been amended and extended in March 2021,February 2022 and April 2023,and the termination date of the DEO GRANT AGREEMENT is now June 4, 2024; and, WHEREAS, the AGREEMENT with Tetra Tech needs to be amended to accommodate the extended period of time of the DEO GRANT AGREEMENT, which will result in increasing the Not to Exceed amount of the contract from $1,100,000 to $1,410,000. WHEREAS, the AGREEMENT is amended to include new federal grant requirements that were not in place at the time of the 2020 AGREEMENT. NOW THEREFORE, in consideration of the mutual promises contained herein, the AGREEMENT is amended as follows: Section 1. Recitals and Legislative Intent. The Foregoing recitals, findings of fact, and statements of legislative intent are true and correct and are hereby incorporated as if fully stated Page 1 of 3 herein. Section 2. The AGREEMENT is amended as follows: Article VII, Paragraph 7.1.1 is deleted in its entirety and replaced with the following: Article VII, Paragraph 7.1.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement based on rates negotiated and agreed upon in Contract AMENDMENT ONE to the AGREEMENT shown in Attachment A. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is $1,410,000. Article IX,Paragraph 9.31 Federal Contract Requirements is amended with the addition of the following two paragraphs: 9.31.15 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR � 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 9.31.16 Domestic preference for procurements as set forth in 2 CFR �200.322 The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal Page 2 of 3 award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum-, plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. The remainder of the terms and conditions of the AGREEMENT remain unchanged by this Amendment, and continue in full force and effect. NESS WHEREOF,each party caused this Amendment Two to the Agreement to c my authorized representative. 23 BOARD OF COUNTY COMMISSIONERS MADOK, Clerk OF57NRnE C UNTY, FLORIDA "4 BY: B, As Deputy Clerk Mayor Pro Tem Date: July 19, 2023 CONTRACTOR MONROE COUNTY ATTORNEY APPROVED AST FORM Digftally signed by Illy Dugan DI—Illy D,g,,,-I--1—ly 80CC,ou,email-clugan- By: CL Kelly Dugan IL4ly@mon­ounty-fi.qo,,-US Date:2023.0&2114:17:19-04'DG' KELLY DUGAN Title: Jonathan Burgiel, Business Unit President ASSISTANT COUNTY ATTORNEY STATE OF: Florida Date. 6/21/23 COUNTY OF: orange Subscribed and sworn to (or affirmed) before me, by means ,g TEC�t of X physical presence or 0 online notarization, on RP0 4k 06/22/2023 (date)by FEB Jonathan Burgiel (name of affiant). He/She 4 is personally known to me or has produced 10 1908 personally known to me W AY (type of identification)as identification. M SAADRA M.FAJAADO 1V/6 Notary hbk.State of FIVW4 r11Q j comminion HH Z34558 y comm.Emires hur 9, NOTARY PUBLIC aon4e through Hation8l Notify A30. -0 C_ EM 7< Page 3 of 3