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HomeMy Public PortalAboutAmendment 1 Grant to Agreement FM682DocuSign Envelope ID: 4CE53E25-E37D-42FB-8CE3-7670F9580D9D AMENDMENT NO. 1 TO GRANT AGREEMENT FM682 BETWEEN DEPARTMENT OF FINANCIAL SERVICES AND CITY OF CRESTVIEW This Amendment No. 1 (Amendment) to Agreement FM682 (Agreement), is made by and between the Department of Financial Services (Department), an agency of the state of Florida (State), and the City of Crestview (Grantee), collectively referred to herein as the "Parties." WHEREAS, the Department, pursuant to Specific Appropriation 2377A of the General Appropriations Act for the 2021-2022 State fiscal year, entered into the Agreement with the Grantee on April 6, 2022, for the design and construction of a fire training tower, with a performance period beginning July 1, 2021; and WHEREAS, the Parties wish to amend the Agreement as set forth herein to add Appendix 2, Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs, and to update other provisions as set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1) The terms and conditions of the Agreement are incorporated by reference as if fully re -written herein. Except as expressly amended and supplemented by this Amendment, the terms and conditions of the Agreement will remain in effect unchanged. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. 2) Subsection g. of Section S. Entire Agreement, of the Agreement is hereby amended to read as follows: g. Appendix 2, Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs. 3) Section 4. Deliverables, of Attachment 1, Scope of Work, is hereby amended to remove the note within the brackets in the "Tasks" column of the table for Deliverable No. 2 —Tasks to Purchase Construction Materials, Construct the Fire Training Tower and Post Construction Costs. 4) The coversheet for Appendix 2, Grantee's Contract with its Contractor for Construction and Post Construction Work, is hereby amended and renamed as follows: Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs 5) Appendix 2, Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs, consisting of 36 pages, is attached hereto and incorporated by reference into the Agreement. The Grantee has contracted with Bear General Contractors, LLC, for the construction of the fire training tower. 6) Counterparts and Electronic Signature. This Amendment may be signed in multiple counterparts, each of which may be deemed an original, but which together shall constitute the same instrument. Facsimile, FM682 Amendment No. 1 1 of2 Rev. 06/15/18 DocuSign Envelope ID: 4CE53E25-E37D-42FB-8CE3-7B70F9580D9D documents executed, scanned, and transmitted electronically and "Electronic Signatures" shall be deemed original signatures for purposes of this Amendment and all matters related thereto, with each such facsimile, scanned, or Electronic Signature having the same legal effect as original signatures. "Electronic Signature" means an electronic sound, symbol, or process attached to or associated with a contract or other record and adopted by a party with the intent to sign, authenticate, or accept such contract or record. 7) Except as otherwise provided in this Amendment, this Amendment shall be effective as of the date last signed below. IN WITNESS WHEREOF, the Parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Department of Financial Services City of Crestview —DocuSigned by: Soft Fu&mait 9/13/2022 1 12:29 PM EDT iutnonz°eo3S i gnature Scott Fennell Date Typed or Printed Name Deputy CFO of Operations Title Authori > ." ignature Date 22 Typed or Printed Name Title FM682 Amendment No. 1 2 of 2 Rev. 06/15/18 DocuSign Envelope ID: 4CE53E25-E37D-42FB-8CE3-7B70F9580D9D Appendix 2 Grantee's Contract with its Contractor for Construction of the Fire Training Tower, Purchase Construction Materials and Post Construction Costs