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HomeMy WebLinkAboutMiddlesex Paving, LLC - First Amendment to Piggyback Agreement 2023 08 01PIGGYBACK AGREEMENT —MIDDLESEX PAVING FIRST ADDENDUM THIS FIRSTADDENDUM TO PIGGYBACKAGREEMENT ("Addendum") is made and entered into by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), and MIDDLESEX PAVING, LLC, a Florida Limited Liability Company ("Contractor"). The City and Contractor hereby agree as follows: WITNESSETH: WHEREAS, the City and Contractor previously entered into the "Piggyback Agreement — Middlesex Paving" ("Agreement") on March 20, 2020, for the purpose of providing pavement management program services to the City; and WHEREAS, the parties desire and mutually agree to extend the term of the Agreement for an additional one (1) year term pursuant to section 3(c) of the Agreement and to implement modifications as otherwise provide for herein; and NOW THEREFORE, in consideration of the mutual promises herein contained, and for good and valuable consideration, the sufficiency of which is herein acknowledged, the Parties hereto agree as follows: 1.0 Recitals. The foregoing recitals are hereby deemed to be true and correct, and are incorporated herein by this reference as a material part of this Addendum. 2.0. TERM OF AGREEMENT EXTENSION. The term of the Agreement is hereby extended for an additional one (1) year term commencing on March 205 20231 and terminating on March 20, 2024. Pursuant to Section 3(c) of the Agreement, the term of the Agreement may be extended for an additional one (1) year term by the mutual written agreement of both parties. 3.0 E-Verify. Section 3(0) of the Agreement is hereby created as follows: (o) Pursuant to section 448.095, Florida Statutes, beginning January 1, 2021, contractors, which shall include Contractor, shall register with and use the U.S. Department of Homeland Security's E-Verify System, https://e- verify.uscis.gov/emp, to verify the work authorization status of all employees hired on and after January 1, 2021. Subcontractors. i. Contractor shall also require all subcontractors performing work under this Agreement to use the E-Verify system for any employees they may hire during the term of this Agreement. First Addendum to Piggyback Agreement City of Winter Springs, Florida and Middlesex Paving, LLC Page l of 2 ii. Contractor shall obtain from all such subcontractors an affidavit stating the subcontractor does not employ, contract with, ors subcontract with an unauthorized alien, as defined in section 448.095, Florida Statutes. Contractor shall provide a copy of all subcontractor affidavits to the City upon receipt and shall maintain a copy for the duration of the Agreement. Contractor must provide evidence of compliance with section 448.095, Florida Statutes. Evidence shall consist of an affidavit from the Contractor stating all employees hired on and after January 1, 2021, have had their work authorization status verified through the &Verify system and a copy of their proof of registration in the ENerify system. Failure to comply with this provision is a material breach of this Agreement and shall result in the immediate termination of the Agreement without penalty to the City. Contractor shall be liable for all costs incurred by the City securing a replacement Agreement, including but not limited to, any increased costs for the same services, any costs due to delay, and rebidding costs, if applicable. 4.0 Other Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this First Addendum shall remain in full force and effect. AGREED: CITY: Philip �ursh ' Interim City Manager Pj CONT Date: First Addendum to Piggyback Agreement City of Winter Springs, Florida and Middlesex Paving, LLC Page 2 of 2