RW Consultant Addendum Page 1 of 5

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1 Consultant: Enter Legal Name Agreement Number: enter number RYAN WHITE ADDENDUM TO CONSULTANT FORM AGREEMENT 1. Add the following additional definitions to Article 1, "Definitions and Identifications": 1.8 Broward County HIV Services Health Planning Council (Planning Council) - The council and related committees responsible for establishing service priorities and funding allocations for Ryan White Part A funding. 1.9 Grantee - Broward County, through its Human Services Department, as recipient of funding under Part A of the Ryan White HIV/AIDS Treatment Extension Act HRSA - The Health Resources and Services Administration, a division of the U.S. Department of Health and Human Services Ryan White Act - Ryan White HIV/AIDS Treatment Extension Act of 2009, as amended and reauthorized, its implementing regulations, and related guidance issued by HRSA. 2. Add the following provisions to Article 2, "Scope of Services": 2.5 Consultant shall provide all required documents and reports to County in both paper and electronic formats. The format of the electronic documents shall be subject to approval by the Contract Manager. 2.6 Consultant shall submit all reports, policy statements, and other formal documents created pursuant to this Agreement for the purpose of public distribution beyond the immediate use of the Consultant or the Planning Council and its committees to County, in draft form, at least five (5) working days prior to scheduled release or deadline. County approval is required prior to distribution. Consultant shall clearly display the following statement on the front cover or title page of all such documents: "The creation of this document is funded 100% by a federal Ryan White HIV/AIDS Program Part A grant received by Broward County and sub-granted in part to Consultant. The findings and conclusions in this document are those of the authors, who are responsible for its contents; the content does not necessarily represent and should not be construed as the views or positions of Broward County, the Broward County Board of County Commissioners, or the U.S. Department of Health and Human Services. The study methods utilized a sample population. Application of these findings to the general population must consider the uniqueness and the many potential variances in the general population that could affect its outcome if applied." 2.7 No Copyrights: Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations, or works of any similar nature, the County has the right to use, duplicate, and disclose such materials in whole or in part, in any manner, for any purpose whatsoever, and to have others acting on behalf of the County do so. Such materials may not be copyrighted without the County s written consent. RW Consultant Addendum Page 1 of 5

2 3. Delete Section 4.2 in its entirety and replace with the following: 4.2 Change Authorizations. The Contract Administrator has the authority and discretion to increase or decrease the maximum funding allocated to Consultant Agreement without limitation as expressed herein to maximize the beneficial impact of the expenditure of County funds. When such adjustments are triggered by reallocation of funds by the Planning Council or are in furtherance of the objectives of the Ryan White Act, its programs and HRSA, such adjustments shall be made by Change Authorization (s), which may be signed by the HSD Director or Deputy Director All Change Authorizations issued by the Contract Administrator shall contain, at a minimum, the following information and requirements: 4. Add Section 4.10 as follows: A. A description of the adjustments being made (which description must specify in detail the adjustments and revisions to the maximum units of service and Clients served). B. Any other additional instructions or provision relating to the work authorized pursuant to this Agreement. C. Change Authorizations shall be dated, sequentially numbered, and signed by both Parties and shall expressly reference this Agreement Performance: Beginning March 1, 2015, County will reduce payment by three percent (3%) for services not delivered on time by Consultant. The reduction shall be applied to payments for the Program in which the deadline was not met. 5. Add the following paragraph to Section 6.1: F. Consultant shall maintain personnel records with current job functions for each employee required to perform the scope of work described under this Agreement. Consultant shall maintain records of credentials, resumes, and curriculum vitae or employment history of each consultant and agent providing services associated with this Agreement via subcontract. This information shall be available to County for inspection upon request. 6. Delete Section 10.5, "Assignment and Performance," and replace with the following: 10.5 Assignment and Performance. Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. Notwithstanding the Termination provision of this Agreement, County may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by Consultant of this Agreement or any right or interest herein without County's written consent Consultant shall obtain County's approval, in the form of an executed Change Authorization, of the scope of work, the maximum dollar amount, and the method of and process for procurement prior to executing any transfer of services to be provided under this Agreement to a third party. RW Consultant Addendum Page 2 of 5

3 County recognizes that certain activities performed by Consultant may require the use of subject matter experts outside the purview of Consultant s staff. Such subcontracts shall not exceed fifteen thousand dollars ($15,000.00) each The delivery of services through subcontractors will not relieve Consultant of full responsibility for all requirements, provisions, and terms of this Agreement. Consultant shall require all subcontractors to conform to the requirements of this Agreement and all applicable federal, state, and local laws, rules, regulations, guidelines, and standards Consultant represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is sufficiently experienced and skilled in the area(s) for which he or she will render his or her services. Consultant shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner. The quality of Consultant's performance and all interim and final product(s) provided to or on behalf of County shall be comparable to the best local and national standards. [Remainder of Page Intentionally Left Blank] RW Consultant Addendum Page 3 of 5

4 IN WITNESS WHEREOF, the Parties hereto have made and executed this Ryan White Addendum to Consultant Form Agreement, Number [enter number], on the respective dates under each signature: Broward County through its Board of County Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the [date] day of [Month, 20Year], and [Full Legal Name of Consultant], signing by and through its [Title], duly authorized to execute same. County WITNESSES: Broward County, through its County Administrator By Bertha Henry County Administrator Print/Type Name above day of, 20## Print/Type Name above Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By Assistant County Attorney (Date) KSG/dp RW Consultant Addendum # /30/16 RW Consultant Addendum Page 4 of 5

5 RYAN WHITE ADDENDUM TO CONSULTANT FORM AGREEMENT BETWEEN BROWARD COUNTY AND [ENTER FULL LEGAL NAME OF CONSULTANT] FOR [ENTER PROGRAM NAME OR SERVICE DESCRIPTION] Consultant Enter Legal Name WITNESS #1: By: (Authorized ) Print/Type Name (Print Name and Title of Authorized Signator) WITNESS #2: day of, 20 Print/Type Name (seal) RW Consultant Addendum Page 5 of 5