HomeMy WebLinkAbout2026-120SECOND EXTENSION AND AMENDMENT TO AGREEMENT
FOR ANNUAL MAINTENANCE AT SPOONBILL MARSH
This Second Extension and Amendment to that certain Agreement to provide Annual Maintenance at
Spoonbill Marsh is entered into effective as of September 13. 2026. by and between Indian River County, a
political subdivision of the State of Florida ("County") and Southern Management, LLC ("Contractor").
BACKGROUND RECITALS
WHEREAS, the County and the Contractor entered into an Agreement for Annual Maintenance at
Spoonbill Marsh effective September 13, 2022; and
WHEREAS, Article 3 of the Agreement contains the term and renewal provisions; and
WHEREAS, the first term commenced effective as of September 13, 2022 and ended on September 12,
2025; and
WHEREAS, the first renewal term commenced effective as of September 13, 2025 and will end on
September 12, 2026; and
WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one-
year period; and
WHEREAS, the parties desire to Amend Article 11: 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:
The background recitals are true and correct and form a material part of this Second Extension and
Amendment.
2. The second renewal term shall commence effective September 13, 2026, and shall end on September
12, 2027. This is the final extension available on the contract.
3. Article 11: Termination is amended to include:
B. 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 Second Extension and Amendment to be executed
effective the day and year first set forth above.
Southern Management, LLC INDIAN RIVER COUNTY, FLORIDA. .
oliMis
BOARD OF COUNTY COMMISSION.�G
By. By.g,;
Printe name V .e'vv Ie Deryl Loar, Chairman
Title:
(Corporate Seal)
Date: 5— 1 3 — 2OZ(p Attest: Ryan L. Butler, Clerk of Circuit Court
and Comptroller
By: _
Deputy erk
Ap
pdvej
oich, Jr.
County Administrator
Approved as to form and legal sufficiency:
Jeiifer . Shuler
County Attorney