HomeMy WebLinkAboutExhibit - Amendment No. 1CITY OF MIAMI
OFFICE OF CAPITAL IMPROVEMENTS
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH
FOR TRANSPORTATION PROGRAM SUPPORT SERVICES
This Amendment No. 1 to the Professional Services Agreement dated (the
"Agreement") between the City of Miami„ a municipal corporation of the State of Florida ("City"),
and ("Consultant"), a State of Florida corporation, for the provision of
Transportation Program Support Services ("Services") for the Office of Capital Improvements
("00") is entered into this day of 2018.
RECITALS
WHEREAS, pursuant to the City of Miami ("City") Procurement Code Section 18-87 and
Request for Qualifications ("RFQ") No. 15-16-028, the City Manager executed an Agreement
with for an amount not -to -exceed $500,000; and
WHEREAS,
on several City projects,
administration services; and
is actively rendering professional consulting services
which require the continuation of transportation and transit
WHEREAS, the existing Compensation Limit is not sufficient to address the costs
associated with the outstanding and foreseeable future transportation and transit administration
assignments; and
WHEREAS, it is in the best interest of the City to increase the Compensation Limit under
the Agreement to accommodate outstanding and foreseeable future assignments; and
WHEREAS, this Amendment No. 1 to the Agreement increases the Compensation Limit
by $500,000, thereby increasing the total Compensation Limit from $500,000 to an amount not
to exceed $1,000,000; and
WHEREAS, the City Commission has adopted Resolution No. to approve the
corresponding increase in the Compensation Limits; and
NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the
Agreement as follows:
Section 2.05-1 Compensation Limits is hereby amended as follows:
The amount of compensation payable by the City to the Consultant shall be a lump sum
or not to exceed fee, based on the rates and schedules established in Attachment B
hereto, which by this reference is incorporated into this Agreement; provided, however,
that in no event shall the amount of compensation exceed an aI maximum of E+ve
Hundred Theusand Dollars ($500,004D-) One Million Dollars ($1,000,000) over the term of
the Agreement and any extension(s), unless explicitly approved by action of the City
Commission and put into effect by written amendment to this Agreement. The City may,
at its sole discretion use other compensation methodologies. The City shall not have any
liability nor will the Consultant have any recourse against the City for any compensation,
payment, reimbursable expenditure, cost or charge beyond the compensation limits of
this Agreement, as it may be amended from time to time. This Agreement , as amended
and/or renewed, is subject to the compensation limits for continuing contracts set forth in
287.055, Florida Statutes for Continuing Contracts.
Section 2.01-1 Extension of Expiration Date is hereby amended as follows:
In the event the Consultant is engaged in any Project(s) on the Agreement expiration
date, then this Agreement shall not expire and shall remain in effect until completion or
termination of said Project(s). No new Work Orders shall be issued after the expiration
date. The City reserves the right to automatically extend this Agreement for up to one
hundred twenty (120) calendar days beyond the stated contract term, in order to provide
City departments with continual service while a new agreement is being solicited
evaluated, and/or awarded. If the right is exercised, the City shall notify the Consultant,
in writing, of its intent to extend the Agreement at the same terms and conditions for a
specific number of days. Additional extensions over the first one hundred twenty (120)
day extension may occur, if, the City and the Consultant are in mutual agreement of
such extensions. Extensions shall comply with applicable approvals and regulations.
Section 7.05 Maintenance of Records; Public Records is hereby amended as follows:
The Consultant shall keep adequate records and supporting documentation, which
concern or reflect its Services hereunder. Records subject to the provisions of the
Public Records Law, Florida Statutes Chapter 119, shall be kept in accordance with the
applicable statutes. Otherwise, the records and documentation shall be retained by the
Consultant for a minimum of three (3) years from the date of termination of this
Agreement or the date the Project is completed, whichever is later. The City, or any duly
authorized agents or representatives of the City, shall have the right to audit, inspect,
and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the three (3) year period noted above, provided,
however, such activity shall be conducted only during normal business hours.
Consultant shall additionally comply with Section 119.0701, Florida Statutes, including
without limitation: (1) Keep and maintain public records required by the City to perform
the service; (2) upon request from the City's custodian of public records, provide the City
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 contractor does not transfer the records to the City; (4)
upon completion of the contract, transfer, at no cost, to the City all public records in
possession of the contractor or keep and maintain public records required by the City to
perform the service. If the contractor transfers all public records to the City upon
completion of the contract, the contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
the contractor keeps and maintains public records upon completion of the contract, the
contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the City, upon request from the City's custodian
of public records, in a format that is compatible with the information technology systems
of the City.
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 AGREEMENT CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDS(ab-MIAMIGOV.COM, OR REGULAR MAIL AT
CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND
AVENUE, 9TH FL, MIAMI, FL 33130. THE CONSULTANT MAY
ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF
MIAMI DEPARTMENT WHO IS ADMINISTERING THIS
CONTRACT.
All other terms and conditions of the Agreement are in operative force and effect and remain
unchanged.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year
first above written.
WITNESS/ATTEST.
Signature
Print Name, Title
ATTEST:
Consultant Secretary
(Affirm Consultant Seal, if available)
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann Marie Sharpe, Director
Risk Management Department
ATTEST:
Todd B. Hannon, City Clerk
a Florida Corporation
Signature
Print name, Title of Authorized Officer or Official
(Corporate Seal)
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
CITY OF MIAMI, a municipal corporation
of the State of Florida
Emilio T. Gonzalez, Ph.D., City Manager