HomeMy WebLinkAbout2023-086FIRST 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 South East Services of the Treasure Coast, 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 convect 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 -Verify system
(www.e-verify.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 ofE-
Verify registration and utilization for all subcontractors.
4. Article 10 - Federal Clauses is modified as follows:
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 agrLeement, 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 Emer egg
Management Agency to:
(i) 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,
(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 s sy tem;
(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 wart 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 any system.
(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 visibilfty into
any user data or packets that such equipment transmits or otherwise handles.
(2) By necessary implication and regulation, the prohibitions also do not apply to:
(i) Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and
ii. Are not used as critical technology of any system.
(ii) Other telecommunications equipment or services that are not considered covered telecommunications
equipment or services.
(d) Reporting requirement.
(1) In the event the contractor identifies covered telecommunications equipment or services used as a
substantial or essential component of any system, or as critical technology as part of any system, during
contract performance or the contractor is notified of such by a subcontractor at any tier or by another
source the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or
subrecipient unless elsewhere in this contract are established procedures for reporting the information.
(2) The Contractor shall report the following information pursuant to paragraph (d)(l) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the
order numbers) if applicable,• supplier name,• supplier unique entity identifier (if known),• supplier
Commercial and Government Entity (CAGE) code (if known), brand: model number (original
eguipment 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 pipe,• aggLeegates such as concrete glass,
including_ optical fiber, and lumber.
5. 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.
South East Services of the Treasure Coast, Inc.
1~11'By: >4-;— -41
- �_
(Corporate Seal)
Date.
INDIAN RIVER COUNTY,'�yOR,1QA.
BOARD OF COUNTY CO..���.
By. Joseph H. Earm airrrlari. a` M �'i
Attest: Jeffrey R. Smith, Clerk of Circuit Court
And Comptroller
By:
Deputy Clerk
Approved:
J'An Titka ich
County Administrator
Approved as to form and legal sufficiency:
Dylan Reingold
County Attorney
Indian River County Purchasing Division
180027 1h Street
Vero Beach, FL 32960
Phone (772) 226-1416
Annual Bid for Sanitary Sewer Services
F-reF;A
Bid Opening Date and Time:
Bid Opening Location:
The following addenda are hereby acknowledged:
Addendum Number
Bid Form
2020045
June 10, 2020
Purchasing Division
1800 27th Street
Vero Beach, FL 32960
Date
2:00 P.M.
In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following:
Service
Unit Cost
Unit
Tanker Truck
1. Cost per gallon to transport sewage within 3 mile radius
$ .&D
Per gal
2. Additional cost for each half mile beyond the 3 mile radius
$
Per 1/2 mile
Vacuum Truck
3. Hourly rate for vacuum truck (including operator)
acs
$ —
Per hour
4. Cleaning of storm drain catch basins (including operator)
$ - e►r'
Per hour
Page 12 of 30
2020045 Annual Sanitary Sewer Services.doc
Please list each owned vehicle and tank capacity
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 n t be cause to alter any resulting contract or, request additional compensation.
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Telephone:&',2• - �'�`'� Fax:
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Business Tax Receipt Number:
Authorized Signature:
Name:
(Type / Printed)
Page 13 of 30