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HomeMy WebLinkAbout2026-121AFIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR ECOLOGICAL CONSULTING SERVICES IN SUPPORT OF THE ENVIRONMENTAL LAND ACQUISITION BOND PROCESS This First Extension and Amendment to that certain Agreement to provide Ecological Consulting Services in Support of the Environmental Land Acquisition Bond Process is entered into effective as of September 26, 2026, by and between Indian River County, a political subdivision of the State of Florida ("County") and Water & Air Research, Inc. ("Consultant"). BACKGROUND RECITALS WHEREAS, the County and the Consultant entered into an Agreement for Ecological Consulting Services in Support of the Environmental Land Acquisition Bond Process effective September 26, 2023; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of September 26, 2023, and will end on September 25, 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 9: 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 Consultant agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension and Amendment. 2. The first renewal term shall commence effective September 26, 2026, and shall end on September 25, 2027. There are no other renewal options available on the contract. 3. Article 9: Termination is amended to include: 9.10 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 Amendment to be executed effective the day and year first set forth above. Water & Air Research, Inc. (Consultant) By: Printed nam : 6a ,.,. y f „ C C.. Title: P, os: da ., f ,/iEo (Corporate Seal) Date: / R INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSION 1`°°.: By: Deryl Loar, Chairman !� Y' Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: ohn A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: nnife . Shuler ounty Attorney