HomeMy WebLinkAbout2022-056AFIRST EXTENSION AND AMENDMENT TO AGREEMENT
FOR DISASTER DEBRIS MONITORING SERVICES
This First Extension to that certain Agreement to provide Disaster Debris Monitoring Services
is entered into effective as of March 15, 2022 by and between Indian River County, a political
subdivision of the State of Florida ("County") and Dehri 5 Tech, L ("Consultant").
BACKGROUND RECITALS
WHEREAS, the County and the Consultant entered into an Agreement for Disaster Debris
Management Services effective May 19, 2020; and
WHEREAS, Article 4 of the Agreement contains the term and renewal provisions; and
WHEREAS, the first term commenced effective as of May 19, 2020 and will end on May 18, 2022;
and
WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional
two years; and
WHEREAS, Article 3 of the Agreement provides Consultant's Responsibilities; and
WHEREAS, the parties desire to add a representation to Article 3; and
WHEREAS, Article 11 of the Agreement provides Federal Clauses; and
WHEREAS, the parties desire to incorporate a new Federal Clause.
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 Consultant agree as
follows:
1. The background recitals are true and correct and form a material part of this First Extension.
2. The first renewal term shall commence effective May 19, 2022 and shall end on May 18, 2024. A single
two-year renewal remains.
3. Paragraph 3.14 is added as follows:
Consultant 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. Consultant is also responsible for
obtaining proof of E -Verify registration and utilization for all subcontractors.
4. Paragraph 11.16 is added as follows:
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 Consultant and its subcontractors
may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency
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 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 any system.
(c) Exceptions.
(1) This clause does not prohibit Consultants 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.
(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 Consultant 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 Consultant is notified of such by a subcontractor at any tier or by
any other source, the Consultant 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 Consultant shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number;
the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);
supplier Commercial and Government Entity (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
Consultant 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 Consultant shall insert the substance of this clause, including this paragraph (e),
in all subcontracts and other contractual instruments.
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 to be executed effective the day
and year first set forth above.
DebrisTech, LLC
By:
Printed name: Brooks Wallace, P.E.
Title: President
INDIAN RIVER COUNTY, FLOR con.tii�sso^..
OA COUNTY CO IS$' S �F
By: Al
Peter D. O'Bryan,
Attest: Jeffrey R. Smith, Clerk of
And Comptroller
Date: Z By:
epu Jerk
Appr d:
Jason 4. B own
CountytMministrator
Approved as to form le at su ciency:
IW�
William K. DeBraal
Deputy County Attorney