HomeMy WebLinkAboutexhibit agreementTHIRD AMENDMENT TO AGREEEMENT
BETWEEN
THE CITY OF MIAMI AND DAVISLOGIC INC., D/B/A ALL HANDS CONSULTING
This document is the Third Amendment ("Third Amendment") to the Professional
Services Agreement entered into between the parties on March 19, 2003 (the "Agreement") is
entered into this day of , 200_, by and between the City of Miami, a
Municipal corporation of the State of Florida ("City"), and DavisLogic Inc., d/b/a All Hands
Consulting, a Maryland corporation ("Provider").
RECITALS
WHEREAS, Resolution No. 03-190, adopted on February 27th, 2003, approved the
selection of PROVIDER and authorized the City Manager to execute an Agreement with
PROVIDER, for the provision of Comprehensive Emergency Management Planning Services;
and
WHEREAS, pursuant to Resolution No. 03-1085, adopted October 9, 2003, the parties
amended the agreement dated November 9, 2003, to add Part C Services, which, among others
things, increased the total compensation amount by $480,920, from $578,140 to $1,059,060 the
("First Amendment"); and
WHEREAS, pursuant to Resolution No. 04-0334, adopted May 27th, 2004 , the parties
amended the agreement dated June 14th, 2004, to add Part D Services, which, among other
things, increased the total compensation by $797,633, from $1,059,060 to $1,856,693 the
("Second Amendment"); and
WHEREAS, pursuant to Ordinance No. 12394, adopted by the City of Miami
Commission, the Provider agrees to provide the additional Services as specifically described, and
under the special terms and conditions set forth in this Agreement and Attachment "E", and any
(Rse tf• 0,100‘2,3
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other additional services, consistent with the overall scope of work, for comprehensive
emergency planning and terrorism preparedness planning and training services to support the
UASI III Grant Program; and
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants
contained this agreement, the City and PROVIDER hereby agree to amend the Agreement as
follows:
TERMS
1. Scope of Services: Section 4 (A) of the Agreement is hereby amended to add the
following subsection:
Part E Services: The Provider agrees to provide Part E Services, and any other
allied or related additional services, consistent with the overall scope of work, for
comprehensive emergency planning and terrorism preparedness planning and
training services necessary to complete the Homeland Security Strategy (See Part E
Attachment).
2. Subsection Section "5 (A) Compensation" is deleted in its entirety and subsection to
read:
5 (A). Compensation:, The amount of compensation to Provider shall be based on
the rates and schedules described in Attachment "E", be increased by $730,656 for
a total amount guaranteed not to exceed $2,587,349; and should the City determine
to implement any other additional services consistent with the overall scope of
work, which further increases to said Agreement as stipulated in the Section 2.3,
Deliverables, of the RFQ No. 01-02-222 it will require a separate amendment. The
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total compensation is inclusive of any allowable reimbursable expenses, which is
the subject to the limitations provided by 112.061, Florida Statutes. This total
compensation shall be the guaranteed maximum liability of the City under the
Agreement, as amended, subject to satisfactory and complete performance by the
Provider the City shall have no liability to pay or reimburse any amount, fee, cost,
reimbursable expense, or charge greater than the total compensation set forth
herein. The total compensation is a guaranteed maximum stated in this subsection
is all inclusive of every expenditure, fee, cost, reimbursable expense or other charge
by the Provider, and any agent, representative or consultant of the Provider.
3. Except as expressly amended herein, all of the terms and provisions of the
Agreement, as amended, shall remain in operative force and effect.
4. All Attachments and Exhibits are part of the Professional Services Agreement, as
amended, and are each deemed as being expressly incorporated by reference herein
as if set forth in full in the Agreement, as amended. The parties, acting by and
through an authorized corporate officer of the Provider and the City Manager or the
City Fire Chief, if authorized by a delegation memo from the City Manager, will
initial each page of all Attachments and Exhibits to any amendment.
5. Amendments which propose to increase the total compensation stated in Section
5(A) herein, shall in each instance be subject to the approval of the Miami City
Commission. Due to the vital municipal interest involved in furthering the
programs provided by this Agreement the Miami City Commission delegates to the
City Manager the ability to execute amendments, without the necessity of further
City Commission approval, which do not increase the total compensation set forth
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in Section 5(A) herein by more than ten (IQ%) percent. All amendments will
require customary City departmental approvals.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized.
"City"
CITY OF MIAMI, a municipal
corporation
ATTEST:
By:
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
"Provider"
ATTEST: DavisLogic Inc., d/b/a All Hands
Consulting, a Maryland corporation
Print Name: Wendy L. Davis
Title: Corporate Secretary
(Affix Corporate Seal)
By:
Print Name: Steven C. Davis
Title: Vice -President of Operations
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Jorge L. Fernandez
City Attorney
•
Dania F. Carrillo
Administrator
Risk Management Division
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