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HomeMy WebLinkAbout2023-084FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR ANNUAL SEWER SERVICES This First Extension and Amendment to that certain Agreement to provide Annual Sewer Services is entered into effective as of July 17, 2023 by and between Indian River County, a political subdivision of the State of Florida ("County") and Envirowaste Services Group, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Sewer Services effective July 7, 2020; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of July 17, 2020 and will end on July 16,2023; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and WHEREAS, the parties desire to amend Paragraph 7 — Contractor's Representations to include E - Verify requirements; and WHEREAS, the parties desire to update the Federal Clauses section, in accordance with 2 C.F.R.; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension and Amendment. 2. The First renewal term shall commence effective July 17, 2023 and shall end on July 16, 2024. There is a one additional one-year renewal available on the contract. 3. Section 7 is modified as follows: J. Contractor is registered with and will use the Department of Homeland Security's E-Verifsystem (www.e-verif .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. Contractor is also responsible for obtaining proof of E - Verify registration and utilization for all subcontractors. 4. Article 10 - Federal Clauses is modified as follows: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. O. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. � 200.216 prohibit the head of an executive agency on or after Aug 13. 2020,_from obligating or expending_ grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of anysystem, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of anysystem. (c) Exceptions. (1) This clause does not prohibit contractors from providing= (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (i) Within one business day from the date of such identification or notification: The contract number: the T order numbers) if applicable,• supplier name; supplier unique entity identifier (if known), pplier Commercial and Government Entijy (CAGE) code (if known), brand, model number (original equipment manufacturer number, manufacturer part number, or wholesaler number). item description: and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e,) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. P. Domestic Preference for Procurements As appropriate and to the extent consistent with law, the contractor should to the greatest extent practicable provide a preference for the purchase, acquisition, or use ofog ods_products, or materials produced in the United States This includes but is not limited to iron, aluminum, steel, cement, and other manufactured products For purposes of this clause: Produced in the United States means, for iron and steel products that all manufacturing processes from the initial melting stage through the application of coatings occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum, plastics and polymer -based products such as polyvinyl chloride ape; aggregates such as concrete glass, including_ optical fiber: and lumber. . All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. Envirowaste Services Group, Inc. 1 ►.SII (Corporate Seal) Date: Ste/ 3 INDIAN RIVER COUNTY, FLQRII)A. BOARD OF COUNTY COMA y� By: Joseph . Earma , C airm� oQc �� R C00���•• Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Approved: ;4 *!2 John Titk nich County Administrator Approved as to form and legal sufficiency: Dy eingold County Attorney Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 Annual Bid for Sanitary Sewer Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number None issued Bid Form 2020045 June 10, 2020 Purchasing Division 1800 27th Street Vero Beach, FL 32960 Date W"I a 71 in accofdance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Service Unit Cost Unit .r�; ,.... ... ,al s:.§ ^?`i %: r a « L ' 1. Cost per gallon to transport sewage within 3 mile radius $ .24 Per gal 2. Additional cost for each half mile beyond the 3 mile radius $ .03 Per 1/2 mile VM ,..," ;'a, ,� 1x� z./ /y/,/j's� ,>;s;. .. IRW �, ��y�/'.!�'q� �Ni�gt63�'iy S f / 1 �}•,+ r63 �:4.�:rXsKY,ar?.W.. m. $ 225.00 ?' Per hour 3. Hourly rate for vacuum truck (including oto") 4. Cleaning of storm drain catch basins (In"ing ope *or) $ 225.00 Per hour Page 12 of 30 2020045 Annual Sanitary Sewer Services.doc Please list each owned vehicle and tank capacity Truck Number/Tag Number I Gallon Capacity of Tank Please see attached list of equipment Will your company extend these prices to other governmental agencies Yes [] No ❑ within the State of Florida? The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: EnviroWaste Services Group, Inc Company Address: 16001 Old Cutler Rd, #554 City, State Palmetto Bay, Fl. Zip Code 33157 Telephone: 305-637-9665 E-mail: info@ewsg.com Fax: 305-637-9659 Business Tax Receipt Number: _ _ FEIN Number: 65-0629090 JT7— Authorized Signature: Date: 6/5120 Name: Julio Fojon ' Title: President (Type / Printed) Page 13 of 30