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HomeMy WebLinkAbout2026-119CFIRST EXTENSION AND SECOND AMENDMENT TO AGREEMENT FOR ANNUAL UTILITY LABOR SERVICES This First Extension and Second Amendment to that certain Agreement to provide Annual Utility Labor Services is entered into effective as of October 22, 2026, by and between Indian River County, a political subdivision of the State of Florida ("County") and Johnson -Davis Incorporated ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Utility Labor Services effective October 22, 2024; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of October 22, 2024, and will end on October 21, 2026; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period; and WHEREAS, the parties amended the agreement, effective February 25, 2025, to include a provision allowing other governmental entities use of the agreements; and WHEREAS, the parties desire to Amend Article 8: Termination to include new termination for breach language as require by Statute; 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 Second Amendment. 2. The first renewal term shall commence effective October 22, 2026, and shall end on October 21, 2027. There is a single, one-year renewal available on the contract. Article 8: Termination is amended to include: 8.7 TERMINATION FOR BREACH OF CONTRACT DURING EMERGENCY RECOVERY PERIODS FOR NATURAL EMEGERNCIES: A vendor or service provider that breaches such contract related to an emergency response for a natural emergency during an emergency recovery period (1 -year period that begins on that date that the Governor initially declared a state of emergency for a natural emergency) is to pay a $5,000 penalty and damages, which may either be actual and consequential damages or liquidated damages. 4. 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 Second Amendment to be executed effective the day and year first set forth above. Johnson -Davis Incorporated (Contractor) By: Jv e.� Printed name: ,Qo vg,..n C,e gvc,us Title: VO (Corporate Seal) INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMM MNE By: i Deryl Loar, Date: s _ - Z6 Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: S G.r (1 Deputy Clerk Approved: hn A. itkanich, Jr. County Administrator Approved as to form and legal sufficiency: J fifer . Shuler County Attorney