HomeMy WebLinkAbout2026-161FIRST AMENDMENT TO AGREEMENT
FOR CONTINUING GRANT CONSULTING SERVICES
This First Amendment to that certain Agreement to provide Continuing Grant Consulting
Services is entered into effective as of September 15, 2026, by and between Indian River County, a
political subdivision of the State of Florida ("County") and Witt O'Brien's, LLC ("Consultant").
BACKGROUND RECITALS
WHEREAS, the County and the Consultant entered into an Agreement for Continuing Grant
Consulting Services effective May 10, 2022; and
WHEREAS, the parties desire to Amend Section 8: 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 Amendment.
2. Section 8: Termination is amended to include:
8.12. 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.
3. 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 Amendment to be executed effective the day
and year first set forth above.
Witt O'Brien's. LLC
(Consultant)
By: M'd
Printed name: Michelle Pashko
Title: Vice President Human Resources
(Corporate Seal)
Date: August 24, 2026
INDIAN RIVER COUNT : RTD !;7,--.
BOARD OF COUNTY CO M OS � :`
By. -
Deryl Loar, Chairman 9y •. "oe_
Attest: Ryan L. Butler, Clerk of Circuit Court
And C ptroller
By:oaLw-
Depl-tv
Clerk
Appro ed:
John A. Titkanich, Jr.
County Administrator
Approved as to form and legal sufficiency:
! VI sr
�tulinty
fifer W. huler
Attorney
WITT O'BRIEN'S, LLC
UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS
IN LIEU OF MEETING
The undersigned, being all of the members of the Board of Managers (the "Board") of Witt
O'Brien's, LLC, a Delaware limited liability company (the "Company"), hereby consent to the
adoption of the following resolutions, said consent to have the same force and effect as a vote of
the Board at a meeting:
WHEREAS, the Board desires to adopt resolutions by unanimous written consent in lieu of the
meeting.
NOW, THEREFORE, BE IT
RESOLVED, that the undersigned hereby waive any formal requirements, including the
necessity of holding a formal or informal meeting, and any requirements that notice of
such meeting be given; and be it further
RESOLVED, that the following persons are hereby appointed to the offices set forth
opposite their respective names, to hold office until their respective successors shall have
been duly appointed and qualified, except in the event of earlier termination of term of
office through death, resignation, removal or otherwise:
NAME
Tim Whipple
Guilherme Patini Borlenghi
Greg Fenton
Cheryl Joiner
Michelle Pashko
and be it further
TITLE
Chief Executive Officer
President
Senior Managing Director (Corporate Solutions)
Director of Contracts & Compliance
Vice President — Human Resources
RESOLVED, that (a) the undersigned may evidence their consent to this Unanimous
Written Consent by (i) executing a counterpart hereto and delivering the same to the
Company in paper form, by facsimile or electronic mail in portable document format
(PDF) or (ii) electronic transmission (i.e., email) stating that such person consents to
actions set forth in the Unanimous Written Consent, and (b) this Unanimous Written
Consent shall be effective for all purposes as of the latest date consent hereto is received
by one of the means referenced in clause (a) above.
SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent on
the dates set forth below.
MANAGERS
r 7 ,
Tim Whipple
Dated: December 8, 2022
Guilherme P i Borlenghi
Dated: December 8, 2022
Thiago3a osta S11va
Dated: December 8, 2022
[SIGNATURE PAGE TO UNANIMOUS WRITTEN CONSENT OF THE BOARD OF MANAGERS OF WITT O'BRIEN'S, LLC]
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