Okaloosa County BOCC — November 17, 2015 — Maruti Amendment #1 Nov. 2015

AMENDMENT NO. __1 CONTRACT between THE OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS And MARUTI FLEET & MANAGEMENT This Amendment made and entered into this 30111 day of OcroB &R |, 2015 by and between OKALOOSA COUNTY, a political subdivision of the State of Florida having its principal office at 1250 N. Eglin Pkwy, Suite 301, Shalimar FL 32579 (hereinafter referred to as “County”) and MARUTI FLEET & MANAGEMENT, LLC, a Florida Limited Liability Company, authorized to do business in the State of Florida, whose address is 4533 Highway Avenue, Jacksonville, FL. 32254, hereinafter referred to as the Contractor. NOW, THEREFORE, in consideration of the mutual benefits contained herein, the County and Contractor agree as follows: A new paragraph as mandated by the Commission for the Transportation Disadvantaged (CTD) to receive Transportation Disadvantaged Trip & Equipment Funds for the Transportation Disadvantaged is hereby added to ARTICLE 11 — Subcontracting, No. 10, which reads as follows: 10. Payment to Subcontractors: Payment by the Grantee to all subcontractors with approved third party contracts shall be in compliance with Section 287.0585, Florida Statutes. When a contractor receives from a state agency any payment for contractual services, commodities, supplies, or construction contracts, except those construction contracts subject to the provisions of chapter 339, the contractor shall pay such moneys received to each subcontractor and supplier in proportion to the percentage of work completed by each subcontractor and supplier at the time of receipt of the payment. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received on a pro rata basis with the contractor, subcontractors, and suppliers, each receiving a prorated portion based on the amount due on the payment. |f the contractor without reasonable cause fails to make payments required by this section to subcontractors and suppliers within seven (7) working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the subcontractors and suppliers a penalty in the amount of one-half of one percent of the amount due, per day, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed 15 percent of the outstanding balance due. In addition to other fines or penalties, a person found not in compliance with any provision of this subsection may be ordered by the court to make restitution for attorney's fees and all related costs to the aggrieved party or the Department of Legal Affairs when it provides legal assistance pursuant to this section. The Department of Legal Affairs may provide legal assistance to subcontractors or vendors in proceedings brought against contractors under the provisions of this section. This Amendment is to be effective retroactively beginning October 1%, 2015. All provisions not in conflict with this Amendment remain in full force and effect and are to be performed at the level specified in the Contract. IN WITNESS WHEREOQF, the parties hereto have caused this Agreement to be executed by their duly authorized official/s/representatives on the date indicated below: OKALOOSA COUNTY MARUTI FLEET & MANAGEMENT, LLC Board of County Commission CtMM« \ Ao Nathan D. Boyles, Chairman Signa@re \ OO Avand Upapruad Date: Typed or Printed Name BUsS\NEES DevE oPMENT SPEQALIST Title