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2025-193
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2025-193
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Last modified
9/30/2025 2:09:42 PM
Creation date
9/30/2025 2:08:55 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Amendment
Approved Date
09/23/2025
Control Number
2025-193
Agenda Item Number
9.E.
Entity Name
M & M Asphalt Maintenance, Inc. dba All County Paving
Subject
Second Extension and Amendment to Agreement for Annual Asphalt Paving & Resurfacing Services
Bid Number
2024011
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SECOND EXTENSION AND AMENDMENT TO AGREEMENT <br />FOR ANNUAL ASHPALT PAVING & RESURFACING SERVICES <br />This Second Extension and Amendment to that certain Agreement to provide Annual Asphalt <br />Paving & Resurfacing Services is entered into effective as of November 21.2025, by and between Indian <br />River County, a political subdivision of the State of Florida ("County") and M&M Asphalt Maintenance, <br />Inc., dba All County Paving ("Contractor"). - <br />BACKGROUND RECITALS <br />WHEREAS, the County and the Contractor entered into an Agreement for Annual Asphalt Paving & <br />Resurfacing Services effective November 21, 2023; and <br />WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and <br />WHEREAS, the first term commenced effective as of November 21, 2023, and ended on November <br />20, 2024; and <br />WHEREAS, the first renewal term commenced effective as of November 21, 2024, and will end on <br />November 20, 2025; and <br />WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional <br />one year; and <br />WHEREAS, the parties with to Amend the Agreement to include new Termination for Breach <br />language: <br />NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, <br />the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as <br />follows: <br />1. The background recitals are true and correct and form a material part of this Second Extension and <br />Amendment. <br />2. The second renewal term shall commence effective November 21, 2025, and shall end on November <br />20, 2026. <br />3. Article 11: Termination of Contract is amended to include: <br />G. Termination for Breach: A vendor or service provider that breaches such contract during an <br />emergency recovery period (1 -year period that beings on that date that the Governor initially declared a <br />state of emergency for a natural emergency) is to pay a $5,000 penalty and damages, which may be <br />either actual and consequential damages or liquidated damages. <br />4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. <br />
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