HomeMy WebLinkAboutsecond amendment agreementSECOND AMENDMENT TO AGREEEMENT
BETWEEN
THE CITY OF MIAMI AND DAVISLOGIC INC., DB/A ALL HANDS CONSULTING
This document is the Second Amendment (the "Second Amendment") to the
Professional Services Agreement entered into between the parties on March 19, 2003 (the
N
"Agreement") is entered into this r day of .JunrE , 200 4, 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 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 "ID", and any
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 II Grant Program; and
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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 D Services: The Provider agrees to provide Part D 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 D
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 "D", is increased by $797,633 for a
total amount guaranteed amount not to exceed $1,856,693 (the "Total
Compensation"); and should the City determine to implement any other additional
services consistent with the overall scope of work, with further increases to the
Agreement as stipulated in the Section 2.3, Deliverables, of the RFQ No. 01-02-222
it will require a separate amendment. The Total Compensation is inclusive of any
allowable reimbursable expenses, which are subject to the limitations provided by
112.061, Florida Statutes. The Total Compensation shall be the guaranteed
maximum liability of the City under the Agreement, as amended, subject to
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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 amount 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. Except as provided by this section, amendments which propose to increase the total
compensation stated in Section 5(A) of the Agreement, as amended, shall 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 approvals, which do not, on a
cumulative basis, increase the Total Compensation set forth in Section 5(A) of the
Agreement, as amended, by more than ten (10) percent. All amendments will
require customary City departmental approvals.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized.
ATTEST:
"City"
CITY OF MIAMI, a municipal
corporation
By:
Priscilla A. Thompson, CitClerk J ae Arriola, City Manager
ATTEST:
Print Name: Wendy L. Davis
Title: Corporate Secretary
(Affix Corporate Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
Alejandro Vilare
City Attorney
CCIIi5
"Provider"
DavisLogic Inc., d/b/a All Hands
Consulting, a Maryland corporation
By:
Print Name: Steven C. Davis
Title: Vice -President of Operations
APPROVED AS TO INSURANCE
REQUIREMENTS:
A94.4Lik..
00/0
Dania F. Carrillo
Administrator
Risk Management Division
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