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Home My WebLink About2021-075BI of 3 RENEWAL AND AMENDMENT NO. 1 TO AGREEMENT FOR CONTINUING ENGINEERING SERVICES AGREEMENT BETWEEN KIMLEY-HORN & ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA This is a Renewal and Amendment No. 1 to the Agreement for Continuing Engineering Services dated April 17, 2018 between Kimley-Horn & Associates, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach,' Florida, 32960 (COUNTY). WHEREAS, the Parties entered into an Agreement for Continuing Engineering Services dated April 17, 2018; and WHEREAS, Section 1— General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; . WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e - Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one additional two-year term; WHEREAS, the parties desire to amend Section 8 — Termination to include Termination in regards to F.S. 287.135; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: follows: 1. The Agreement for Annual Professional Engineering Services dated April 17, 2018, is amended as Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Section 1— General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. F:Tublic Works\ENGINEERING DIVISION PROJECTS\2102 Engineering Continuing Contracts - Renewah I -Admin\Agenda Items\Renewal & Amendment 1\Agreements\KHA_Renwal & Amendment.doc ' , ' 2 of 3 Section 3 — Responsibilities of,the Consultant — add,the following,item: 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm ,the employment eligibility of all newly hired employees for the duration of this agreement, as required' by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of -E -Verify registration alnd compliance for all subconsultants. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two- year period beginning on April 17, 2021 and ending on April 16, 2023. .Section 8 — Termination — add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT 'certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the' Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Except as supplemented herein, the terms and conditions of the Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. ' [THE REMAINDER OF THIS PAGE WAS. LEFT BLANK INTENTIONALLY] FAPublic Works\ENGINEERING DIVISIONPROJECTS\2102 Engineering Continuing Contracts - Renewah I -Admin\Agenda Items\Renewal & Amendment 1\Agreements\KHA_Renewal & Amendment.doc 3 of 3 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized -representatives ofthe parties as1of the day and year first above written. CONSULTANT: KIMLEY-HORN & ASSOCIATES, INC. i By J77 Printed Name and Title INDIAN, RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ,•J�� " s%;,�� a By r iseph E. Flescher, Chairman �'R�LFR couial'i•�'`f• Date Approved by BCC: May 18, 2021 Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By x6w�l' 0"/ Deput Clerk App Jason V.own - Count*Administrator Approved as to form and legal sufficiency: //191611/9 JOV Wi liam K. DeBraal Deputy!County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\2102,Engineering Continuing Contracts - Renewal\1-Admin\Agenda Items\Renewal & Amendment 1\Agreements\KHA_Renewal & Amendment. doe Kimley>>> Horn REVISED EXHIBIT 1 "REVISED EXHIBIT 1" KIMLEY-HORN AND ASSOCIATES, INC. FEBRUARY 2021 RFQ NO 2018008 — CONTINUING CONSULTING ENGINEERING SERVICES FOR UTILITY MINOR UTILITY MAJOR ROADWAY, TRAFFIC & TRANSPORTATION ENGINEERING & CONSULTING WATER RESOURCES/STORMWATER DESIGN ENVIRONMENTAL ENGINEERING THROUGH THE SOLID WASTE DISPOSAL DISTRICT (SWDD) SCHEDULE OF HOURLY RATES Effective May 18, 2021 through April 16, 2023, the following rates are utilized in calculating invoices for services: Category Rate Principal $235.00 - $260.00 Senior Professional $192.00 - $250.00 Registered Professional $126.00 — $192.00 Professional 2 $104.00 — $159.00 Professional 1 $104.00 — $143.00 Designer $115.00 — $165.00 Sr. Support Staff $75.00 — $95.00 Support Staff $63.00 — $75.00 These hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. EXHIBIT 12021 Hourly Rates MDM - Revised.DOCX