Amendment No.1 to the Agreement with Florida Lemark Corporation For Building And Specialty Trade Contractors For Minor Projects i 2
DocuSign Envelope ID:47B37927-49C0-4B9F-8C38-156D93C886E7
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MI AIv\I B EAC H Contract/Document Routing Form
Contract No: Title
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08 Various Contractors PROCUREMENT
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The purpose of the amendments included herein are to incorporate into existing contracts federal terms and conditions
required by FEMA for federal reimbursement in the event of a disaster.No other contractual changes are included in the
amendments.
As the amendments are administrative only with no financial impact on the awarded agreements,Citywide Procedure
03.02 allows the amendment to be executed by the City Manager.
Or'i mal Term " ,.." •f`"• ' Renewal Pe iods : , Total Terms Ori:male+,Renewals
Fundin: Information• x' `.••.
Grant Funded: Yes No State Federal Other: N/A—There is no cost relating to
the amendments
Cost&Fundin:Source:'.
•
Year Annual Cost •Account/Project.Code I Require
Ehtiancement
1 N/A N/A Yes X No
2 Yes No
3 Yes No
4 Yes No
5 Yes No
1.For contracts longer than five years,contact the Procurement Department. 2.Attach any supporting explanation needed.
• -Authors to^Si.n .-� • s + �`
City Commission Approved: X Yes No If no,explain below:
All contracts included herein have been approved by the City Commission.The amendments have no financial impact
and may be signed by the City Manager.
Legal Form Approved: X Yes No If no,explain below:
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Procurement Maria;statte3,efgr Alex
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DEM Chief Juan Mestas , •
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Fleet and Facilities N/A • N/A
Grants N/A N/A
GOB N/A N/A
Budget N/A N/A
IT N/A N/A
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• DocuSign Envelope ID:47B37927-49C0-4B9F-8C38-156D93CB86E7 Cl VVV
AMENDMENT NO, 1 TO THE CONTRACT J y 'I2 O l 7
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
FLORIDA LEMARK CORPORATION
FOR BUILDING AND SPECIALTY TRADE CONTRACTORS FOR MINOR PROJECTS
This Amendment No. 1 ("Amendment") to the Contract, dated March 9, 2018, by and
between the City of Miami Beach, Florida, a municipal corporation organized and existing
under the laws of the State of Florida, having its principal place of business at 1700
Convention Center Drive, Miami Beach, Florida 33139 ("City"), and Florida Lemark
corporation, a Florida corporation, having its principal place of business at 8750 NW 36
Street, Suite 200, Doral, Florida, 33178("Contractor").
RECITALS
WHEREAS, on March 9, 2019, the City and Contractor executed the Contract
pursuant to Invitation to Bid (`ITB") No. 2017-049-WG building and specialty trade
contractors for minor projects(the"ITB"); and
WHEREAS, this Amendment seeks to incorporate into the Contract the omitted
"Contract Provisions for Non-Federal Entity Contracts Under Federal Award," the "Byrd
Anti-Lobbying Amendment Certification," the "Suspension and Debarment Certification,"
and other miscellaneous requirements of the City Code and Florida law.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Contractor hereby agree to amend the Contract as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Contract is hereby modified (deleted items struck-thr-aug and inserted items
underlined)as follows:
(a) Contractor agrees to comply with the "Contract Provisions for Non-Federal Entity
Contracts Under Federal Award," the "Byrd Anti-Lobbying Amendment
Certification" and the "Suspension and Debarment Certification" incorporated
herein by reference and collectively attached hereto.as Attachment A to this
Amendment. Notwithstanding anything to the contrary contained in this
Amendment, the parties hereby agree that upon execution of this Amendment, the
Amendment shall be retroactively effective to commencement date of the contract.
(b) The following Inspector General Audit Rights provision is hereby incorporated
into the Contract:
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DocuSign Envelope ID:47B37927-49C0-4B9F-8C38-156D93CB86E7
INSPECTOR GENERAL AUDIT RIGHTS
A. Pursuant to Section 2-256 of the Code of the City of Miami.Beach, the City has
established the Office of the Inspector General which may, on a random basis.
perform reviews, audits, inspections and investigations on all City contracts,
throughout the duration of said contracts. This random audit is separate and
distinct from any other audit performed by or on behalf of the City.
B. The Office of the Inspector General is authorized to investigate City affairs and
empowered to review past, present and proposed City programs, accounts,
records, contracts and transactions. In addition, the Inspector General has the
power to subpoena witnesses, administer oaths, require the production of
witnesses and monitor City projects and programs. Monitoring of an existing City
project or program may include a report concerning whether the project is on time,
within budget and in conformance with the contract documents and applicable law.
The Inspector General shall have the power to audit, investigate, monitor,oversee,.
inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, (bid/proposal)
submittals, activities of the Contractor, its officers, agents and employees,
{ lobbyists, City staff and elected officials to ensure compliance with the contract
documents and to detect fraud and corruption. Pursuant to Section 2-378 of the
City Code, the City is allocating a percentage of its overall annual contract
expenditures to fund the activities and operations of the Office of Inspector
General.
C. Upon ten (10)days written notice to the Contractor, the Contractor shall make all
requested records and documents available to the Inspector General for inspection
and copying. The Inspector General is empowered to retain the services of
independent private sector auditors to audit, investigate, monitor,oversee, inspect
and review operations activities, performance and procurement process including
but not limited to project design, bid specifications, (bid/proposal) submittals,,
activities of the Contractor its officers, agents and employees, lobbyists, City staff
and elected officials to ensure compliance with the contract documents and to
detect fraud and corruption.
D. The Inspector General shall have the right to inspect and copy all documents and
records in the Contractor's possession, custody or control which in the Inspector
General's sole judgment, pertain to performance of the contract, including, but not
limited to original estimate files,change order estimate files,worksheets,proposals
and agreements from and with successful subcontractors and suppliers,all project-
related correspondence, memoranda, instructions, financial documents,
construction documents, (bid/proposal) and contract documents, back-change
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records and supporting documentation for the aforesaid documents and
records.
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E. The Contractor shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (bid preparation) and
performance of this Contract,for examination,audit,or reproduction, until three(3)
years after final payment under this Contract or for any'longer period required by
statute or by other clauses of this.Contract. In addition:
1. If this Contract is completely or partially terminated, the Contractor shall
make available records relating to the work terminated until three (3) years
after any resulting final termination settlement; and
2. The Contractor shall make available records relating to appeals or to
litigation or the settlement of claims arising under or relating to this Contract
until such,appeals, litigation, or claims are finally resolved.
F. The provisions in this section shall apply to the Contractor, its officers, agents,
employees, subcontractors and suppliers. The Contractor shall incorporate the
provisions in this section In all subcontracts and all other agreements executed by
the Contractor in connection with the performance of this Contract.
G. Nothing in this section shall impair any independent right to the City to conduct
audits or investigative activities.The provisions of this section are neither intended
nor shall they.be construed to impose any liability on the City by the Contractor or
third parties.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Contract,the provisions of this
Amendment shall govern.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY]
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DocuSign Envelope ID:47B37927-49C0-4139F-8C38-156D93CB86E7
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E.Granado, City Clerk line T. Hudak, C y Manager
OCT 1 5 2021
Date =g' f•'S'';
kIIICORO RATE D?
s,2•. � r r
FOR CONTRACTOR: FLORIbAHL MARK CORPORATION
ATTEST: Linda Digitally signed by
Linda Rodriguez
Date:2021.09.28
Rodriguez D2•t3e6: 04'00'
By:
Secretary EV President
r
EM1r rg.dd at
:_.
Print Name Print Name
Date
•
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
4i .
City Attorney Date
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DocuSign Envelope ID:47B37927-49C0-4B9F-8C38-156D93CB86E7
ATTACHMENT A TO AMENDMENT
Al. CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
A2. BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORM
A3. SUSPENSION AND DEBARMENT CERTIFICATION FORM
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