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Home My WebLink AboutOrder No. 20-016 - 2nd Amendment to Contract with Locher Environmental Technology, LLC (04-15-20)ORDER NO. 20-016 AN ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING APPROVAL OF A SECOND AMENDMENT TO CONTRACT WITH LOCHER ENVIRONMENTAL TECHNOLOGY, LLC WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency ("St. Lucie County Declaration of Emergency"); and 2. The findings in the St. Lucie County Declaration of Emergency are incorporated herein; and 3. On March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ('CDC") issued the "15 Days to Slow the Spread" guidance advising Individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, recommending restrictions to certain establishments conducive to mass gatherings and congregations; and 4. On March 29, 2020, the President extended such guidance to be in effect until April 30, 2020; and 5. On March 24, 2020, the Governor of the State of Florida issued Executive Order No. 20-83 directing the State Surgeon General and State Health Officer to issue a public health advisory to all persons over 65 years of age and persons that have serious underlying medical conditions that place them at high risk of severe illness from COVID- 19 urging them to stay home and to take such other measures as necessary to limit their risk of exposure to COVID-19; and 6. Pursuant to Executive Order No. 20-83, the Governor of the State of Florida further directed the State Surgeon General and the State Health nffir-pr tn �«1 in n n1 lkk JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT 1 SAINT LUCIE COUNTY FILE # 4699125 04/1612020 04:09:12 PM OR BOOK 4409 PAGE 1338 - 1343 Doc Type: ORD RECORDING: $52.50 health advisory providing that individuals should cease all social or recreational gatherings of 10 or more people; and 7. On March 25, 2020, the State Surgeon General issued a Public Health Advisory consistent with Executive Order 20-83; and 8. On March 25, 2020, the President of the United States declared that a major disaster exists in the State of Florida as a result of COVID-19; and 9. On April 1, 2020, the Governor of the State of Florida issued Executive Order 20-91 directing senior citizens, individuals with a significant underlying medical condition, and persons engaging in nonessential services or activities to stay at home. 10. The St. Lucie County Mosquito Control District uses modems at the Mosquito Control Impoundment pump stations and other reporting locations that assist in District operations by reporting important information on a daily basis. The telemetry equipment relays data to a website that is used to monitor water and pump power levels year round as part of the management plans for impoundment maintenance and water quality monitoring. Pump station voltage levels are reported on a live basis in order to facilitate uninterrupted operation. Verizon is discontinuing service to 3G modems, so out-of-date modems must be replaced in order to keep the telemetry and data monitoring operational. In 2017, St. Lucie County upgraded 16 modems to 4G LTE, leaving six remaining 3G devices on our network that now need to be replaced. Lochner Environmental installed the original telemetry equipment and is under an annual contract to maintain the service. This additional cost would cause the annual contract to exceed $50,000.00, thus requiring Board approval of the sole source designation and 2" d Amendment to Contract C18-09-565. This equipment is only available from the licensed dealer of the respective equipment. Per Section 8.1(a)(2); of the Purchasing Manual, if there is only a single source for goods or services a waiver of formal sealed bids may be requested. 11. Due to Executive Order 20-91, the Board has cancelled all public meetings 01 through April 30, 2020. The next District's meeting is May 19, 2020. 12. The District needs to proceed with a Second Amendment to the Contract with Locher Environmental Technology, LLC immediately and before the District's May 19, 2020 meeting. 13. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the extent necessary to accommodate the emergency; and NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The determinations, orders, and declarations identified above are incorporated herein. 2. 1 hereby authorize the County Administrator or designee to sign the attached Second Amendment to the Contract with Locher Environmental Technology, LLC as reviewed and approved by the County Attorney. 3. This Order, as set out above, shall be placed on the agenda of the next Mosquito Control District meeting for purposes of review and ratification. Severability. Any provision(s) within this Order that conflicts) with any State or Federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently -issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of the Order remaining intact and in full force and effect. This Order is effective as of 8:00 a.m. on day of April 2020. This Order will expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Order. Prior resolutions and emergency orders remain in force and effect unless modified or superseded. 3 This Order shall be filed in the Office of the Clerk of the Circuit Court. Signed this day of�ff)r I 2020 at DD (a.m (p.m.) Hc&d N. Tipton 4 C 18-09-565 SECOND AMENDMENT TO THE SEPTEMBER 5, 2018 CONTRACT BETWEEN ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND LOCHER ENVIRONMENTAL TECHNOLOGY, LLC THIS AMENDMENT, is made and entered into this day of , 2020, by and between ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependent taxing district of the State of Florida, (the "District") and LOCHER ENVIRONMENTAL TECHNOLOGY, LLC., or his, its or their successors, executors, administrators, and assigns, (the "Contractor") WHEREAS, on September 5, 2018, the parties entered into a contract whereby the Contractor agreed to provide ANNUAL MAINTENANCE FOR MONITORING SYSTEM NETWORK (TELEMETRY EQUIPMENT); and, WHEREAS, on October 22, 2019, the parties executed the first amendment to the contract to exercise the first one-year renewal option extending the contract through November 26, 2020; and, WHEREAS, the parties desire to further amend the Contract to increase the current term's annual amount by a one-time cost of $4,530.00. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to include the following 7. CONTRACT PAYMENT For the period of November 27, 2019 through November 26, 2020, the contract amount will not exceed $54,499.20 (fifty-four thousand four hundred ninety-nine and 20/100 dollars). 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Amendment upon the terms and conditions above stated. WITNESSES: (1) (2) ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: COUNTY ADMINISTRATOR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY C 18-09-565 WITNESSES: LOCHER ENVIRONMENTAL TECHNOLOGY, LLC (1) BY: (2) PRINT NAME: TITLE: