HomeMy WebLinkAbout2023-028Amendment No. 1 to Agreement
This Amendment No. 1("Amendment') to Agreement for Consulting Services ("Agreement"), is entered
into as of this 31" day of January 2023, by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL
DISTRICT (SWDD), a Political Subdivision of the State of Florida organized and existing under the Laws of the
State of Florida, (hereinafter called SWDD) and Kessler Consulting, Inc. (hereinafter called CONSULTANT).
SWDD and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows:
BACKGROUND RECITALS
A. SWDD has requested the services of CONSULTANT for Franchise Collection Procurement Assistance.
B. Whereas, on November 15, 2022, the SWDD Board approved the Agreement to the CONSULTANT
for the Franchise Collection Procurement Assistance per scope of work dated October, 28, 2022 in
the total amount of $119,850.
C. Whereas, SWDD and CONSULTANT wish to under Amendment No. 1 engage in additional Scope of
Work for the services as follows and summarized in the following table.
Pursuant to the agreement between SWDD and CONSULTANT, which allows for Additional Technical
Services which includes "Modifications or adjustments to the Generation and Rate Study models"
this change request is intended to provide additional services to SWDD in providing additional
analysis of rate study variables including the costs of the new collection contract as well as providing
presentations and other information as needed to assist in acceptance of the rate study's results
and objectives. These additional services will be provided on a time -and -material basis.
TASK
DESCRIPTION AMOUNT
Task 6
Procurement and Generation/ Rate Study Analysis $20,000
TOTAL = $20,000
D. The CONSULTANT is willing and able to perform the Services for SWDD on the terms and conditions
set forth below.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Section 1. The above recitals are true and correct and are incorporated herein.
Section 2. Consultant Responsibilities is amended as follows:
CONSULTANT RESPONSIBILITIES
1. The CONSULTANT agrees to perform all necessary Services in connection with the work.
2. The CONSULTANT will endeavor not to duplicate any previous work completed.
3. The CONSULTANT agrees to complete the Project within the time frame specified in Revised
Exhibit A.
4. The CONSULTANT will maintain an adequate staff of qualified personnel.
5. The CONSULTANT will comply with all present and future federal, state, and local laws, rules,
regulations, policies, codes, and guidelines applicable to the Services performed under this
Agreement.
6. The CONSULTANT shall not assignor transfer any work under this Agreement without the prior
written consent of SWDD.
7. 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 subconsultants.
Section 3. Compensation and Payment is amended as follows:
COMPENSATION AND PAYMENT
1. SWDD shall pay CONSULTANT for completion of work, at the prices stated in Revised Exhibit A.
Invoices shall be prepared and submitted monthly.
2. All payments for services shall be made to the CONSULTANT by SWDD, in accordance with the
Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida
Statutes, et seq.).
Section 4. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, SWDD and CONSULTANT have signed this Amendment in duplicate. One counterpart
each has been delivered to SWDD and CONSULTANT.
INDIAN RIVER COUNTY SWDD:
By:
Josep H. Earm Chaii
By:
COI
*".By:
n
�?o�. � ,; ,•off r.
Zito, Interim County Admini§i rCOU,'
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan R ngold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest: ,
Deputy Clerk
(SEAL)
NSULTANT:
� 1 �
Mitch K ss er, President, Kessler Consulting, Inc.
Attes
Designated Representative:
Mitch Kessler, President
14620 N. Nebraska Ave, Building D
Tampa, FL 33613
(813) 971-8333
mk@kesconsult.com
(If CONSULTANT is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Himanshu Mehta, Managing Director
1325 74th Ave SW
Vero Beach, FL 32968
(772) 226-3211
hmehta@ircgov.com