HomeMy WebLinkAbout2025-1392025042 Annual Sanitary Sewer Services
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of
Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Meeks
Plumbing, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the
mutual covenants hereinafter set forth, agree as follows:
ARTICLE i — WORK AND PROJECT
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Moving sewage by truck between locations, as needed.
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Annual Sanitary Sewer Services
Bid Number: 2025042
Project Address: Various locations throughout Indian River County
ARTICLE 2 — TERM
The term of this agreement is for an initial three-year period, with two (2) additional one (i) year
renewals available, subject to vendor acceptance, satisfactory performance, and staffs determination
that a renewal would be in the best interest of the County
ARTICLE 3 - CONTRACT PRICE
3.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the
sum of the amounts determined pursuant to work completed and at the prices stated in
CONTRACTOR's bid attached hereto Exhibit 1.
ARTICLE d - PAYMENT PROCEDURES
4.01 Method of Payment
Owner shall make only one payment for the entire amount of the contract when the work has been completed,
based on invoices submitted. Upon determination of satisfactory completion, the COUNTY Project Manager
will authorize payment to be made. All payments for services shall be made to the (CONTRACTOR by the
COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to
time (Section 218.7o, Florida Statutes, et seq.).
ARTICLE .c; - INDEMNIFICATION
5.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from
liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent
caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and
persons employed or utilized by the CONTRACTOR in the performance of the Work.
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ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS
6.oi In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data
identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific
means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the
Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident
thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and
all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER
is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
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 an affidavit
from all subcontractors, as required in Section 448-095(5)(b), F.S., stating the subcontractor does not
employ, contract with, or subcontract with an unauthorized alien.
K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act
of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the
Contractor pursuant thereto.
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L. Contractor does not meet any of the criteria in Section 287.138, Florida Statutes, relating to Foreign
Entity Ownership, that would exclude it from eligibility to enter an agreement which may give access to an
individual's personal identifying information.
ARTICLE 7 - CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement;
(2) Certificate(s) of Liability Insurance;
(3) Invitation to Bid 2025042;
(4) CONTRACTOR'S Bid Form;
(5) Qualifications Questionnaire;
(6) Drug Free Workplace Form;
(7) Sworn Statement Under Section 105.o8, Indian River County Code, on Disclosure of Relationships;
(8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies;
(9) Certification Regarding Lobbying;
(1o) Anti -Human Trafficking:
(11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a) Written Amendments;
b) Change Order(s).
ARTICLE 8 - MISCELLANEOUS
8.o1 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
8.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
from any duty or responsibility under the Contract Documents.
8.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect
to all covenants, agreements, and obligations contained in the Contract Documents.
8.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such
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stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to
expressing the intention of the stricken provision.
8.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,
Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District
of Florida.
8.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that does
not exceed the cost provided in Chapter 119 or as otherwise provided by law. 1
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of
the Contractor or keep and maintain public records required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of Public Records,
in a format that is compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
uublicrecords(&indianriver. oovv
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.
ARTICLE 9 — FEDERAL CLAUSES
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9.oi OWNER and CONTRACTOR will adhere to the following, as applicable to this work:
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, sexual orientation, gender identity, 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.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant
for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply
to instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246
of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
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Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its
own employment practices when it participates in federally assisted construction work: Provided, that if the
applicant so participating is a state or local government, the above equal opportunity clause is not applicable
to any agency, instrumentality or subdivision of such government which does not participate in work on or
under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may require for the supervision
of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's
primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant
to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity
clause as maybe imposed upon contractors and subcontractors by the administering agency or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it
fails or refuses to comply with these undertakings, the administering agency may take any or all of the
following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance,
guarantee); refrain from extending any further assistance to the applicant under the program with respect
to which the failure or refund occurred until satisfactory assurance of future compliance has been received
from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
B. Compliance with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty
hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set
forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime
contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
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subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)
of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (i) through (4) of this
section.
C. Further Compliance with the Contract Work Hours and Safety Standards Act(i) The
contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work
and shall preserve them for a period of three years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the name
and address of each such employee, social security number, correct classifications, hourly rates of wages
paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
(2) Records to be maintained under this provision shall be made available by the contractor or subcontractor
for inspection, copying, or transcription by authorized representatives of the Department of Homeland
Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
D. Clean Air Act and Federal Water Pollution Control Act:
(1) Clean Air Act.
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 74o1 et seq.
(b) The contractor agrees to report each violation to the OWNER and understands and agrees that the
OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with Federal assistance provided by FEMA.
(2) Federal Water Pollution Control Act
(a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(b) The contractor agrees to report each violation to the OWNER and understands and agrees that the
OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency
Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with Federal assistance provided by FEMA.
E. Suspension and Debarment
(1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 18o and 2 C.F.R. pt. 3000. As such the
contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or
its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935)•
(2) The contractor must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by OWNER. If it is later determined
that the contractor did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to OWNER, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 18o, subpart C and 2
C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise
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from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in
its lower tier covered transactions.
F. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
Contractors who apply or bid for an award of $1oo,000 or more shall file the required certification. Each
tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person
or organization for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency.
G. Procurement of Recycled/Recovered Materials:
(1) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA -designated items unless the product cannot be acquired—
(i) Competitively within a timeframe providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii)At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines
web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
H. 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 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.
(i) This clause does not prohibit contractors from providing—
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(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:
L 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 any other
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)(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 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.
I. 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 of goods, 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; aggregates
such as concrete; glass, including optical fiber; and lumber.
J. Access to Records: The following access to records requirements apply to this contract:
(1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representatives access to any books, documents,
papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
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(4) In compliance with section 1225 of the Disaster Recovery Act of 2oi8, the OWNER and the Contractor
acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews
by the FEMA Administrator or the Comptroller General of the United States.
K. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The
contractor shall include this provision in any subcontracts.
L. Compliance with Federal Law, Regulations, and Executive Orders: This is an
acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The
contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies,
procedures, and directives.
M. No Obligation by Federal Government: The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract.
N. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to its actions pertaining to the contract.
O. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary
steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's
business enterprises, and labor surplus area firms are used when possible.
Article io: TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide
the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing
any other remedies which the OWNER may have under this Contract or under law:
(1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or
equipment, as directed by the Engineer pursuant to an inspection;
(3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not
be finished within the prescribed time;
(4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;
or
(5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for
any of his property.
B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in
writing of the grounds for termination and provide CONTRACTOR with ten (1o) calendar days to cure the
default to the reasonable satisfaction of the OWNER.
C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B,
OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such
notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right
to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize
CONTRACTOR to restore any work sites.
10
2025042 Annual Sanitary Sewer Services
D. The CONTRACTOR shall be liable for:
(1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;
and
(2) the difference between the cost of completing the new contract and the cost of completing this
Contract;
(3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce
its rights herein.
E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate
CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination
CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and
immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the
performance of this Contract. Upon such termination Contractor shall be entitled to payment only as
follows:
(1) the actual cost of the work completed in conformity with this Contract and the specifications; plus,
(2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and
approved by the OWNER.
Contractor shall not be entitled to any other claim for compensation or damages against the County in
the event of such termination.
F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related
entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel
List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In
addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies
that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in
business operations in Cuba or Syria.
OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to
have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel
as set forth in section 215.4725, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR is
found to have submitted a false certification as provided under section 287.135(5) Florida Statutes, been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,
as defined by section 287.135, Florida Statutes.
11
2025042 Annual Sanitary Sewer Services
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on 'T 1, , 20 2� (the date the Agreement is approved by the
Indian River County Board of County Confmissioners, which is the Effective Date of the Agreement).
OWNER:
,".��"�OtilMlss�•,.
APPROVED AS TO FORM AND LEGAL
SUF;4er�4%,,�,_ounty
By:
Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Q e k
(SEAL)
Designated Representative:
Duke Hawkins, Utilities Asst. Operations Manager
4350 41st St., Vero Beach, FL 32967
772-226-3424
dhawkins (&indianriver. gov
12
CONTRACTOR:
COMPANY NAME
Bv:
N 6':
Title:
` n
(Corporate Seal)
(If CONTRACTOR is a corporation orj�u-r—t
attach evidence of authority to sigif)
Attest'.'—"
N l%I—
Title-
Designated
ITitle-
Designated Representative:
Name:
Title: �1s•�P'-
Address: V -e -Q
Phone: 77,Z -5z as
2025042 Annual Sanitary Sewer Services
Exhibit 1- Contract Pricing
Item
Sanitary Sewer Services
Quantity
Unit
Unit Cost
Number
Required
Tanker Truck (2)
#1-1
Cost per gallon to transport sewage
1
Per Gal
0.1
within 3 mile radius
#1-2
Additional cost for each half mile
1
Per 1/2
0.01
beyond the 3 mile radius
Mile
Vacuum Truck (2)
#2-1
Hourly rate for vacuum truck
1
Per Hour
160
(including operator)
#2-2
Cleaning of storm drain catch
1
Per Hour
150
basins (including operator)