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HomeMy Public PortalAboutKessler Consulting AmendmentDocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAAI9 AMENDMENT NO. 1 TO COUNTY CONTRACT NO. 2021-025 This Amendment is made and entered into upon execution by both parties by and between Sarasota County, a political subdivision of the State of Florida, hereinafter referred to as the "County," and Kessler Consulting, Inc., a Florida corporation, hereinafter referred to as 'Contractor." WITNESSETH WHEREAS, the County and the Contractor entered into County Contract No. 2021- 025 ("Term Contract") to perform solid waste consulting services, effective November 4, 2020 with a term commencing on December 16, 2020; and WHEREAS, the parties now wish to amend the Term Contract. NOW THEREFORE, the County and the Contractor, in consideration of the mutual covenants contained herein, do agree to amend the Term Contract as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The term of the Term Contract is hereby renewed for a period of one (1) year, effective December 16, 2023, through December 15, 2024. 3. For services provided pursuant to this Amendment, the County shall pay the Contractor in accordance with the terms and conditions of this Contract and amount not to exceed $250,000.00 for the renewal term. 4. Exhibit A - Scope of Services is hereby replaced in its entirety with the amended Exhibit A - Scope of Services, attached and incorporated herein. 5. Exhibit B - Fee Schedule is hereby replaced in its entirety with the amended Exhibit B - Fee Schedule, attached and incorporated herein. 6. Except as modified herein, all other terms, covenants, and conditions of the Contract shall remain in full force and effect. Amendment No. 1 to Contract No. 2021-025 Page 1 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 IN WITNESS WHEREOF, the parties have executed this Amendment as of the last date written below. Approved as to form and correctness: M COUNTY ATTORNEY KESSLER CONSULTING, INC. EDocuSigned by: ,0949CEBDE1394C9 President 12-01-2023 SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS OF SARASOTA COUNTY, FLORIDA Jennifer Slusarz, CPPO, CPPB Procurement Official Executed by the Procurement Official pursuant to Chapter 5 of the Sarasota County Procurement Manual Amendment No. 1 to Contract No. 2021-025 Page 2 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 AMENDMENT NO. 1 EXHIBIT A -SCOPE OF SERVICES 1. OVERVIEW The Sarasota County Integrated Solid Waste Management System ("System"), recognizing waste as a valuable resource; collects, processes, and disposes of different types of waste with a focus on recycling, waste reduction and sustainability. The County's goal is to reduce the toxicity and volume of waste going into the landfill as well as extend the life of the landfill, protect surface water and groundwater, and control long term monitoring costs. The System identifies opportunities to expand and diversify the County's economic base by marketing recyclables, reclaiming materials, and reducing operating costs with the collocation of facilities and industries. The County strives to provide exceptional services that are convenient, reliable, cost- effective, safe, and environmentally sustainable. County public outreach programs and education efforts increase awareness, enhance community character, improve quality of life for visitors and residents, and protect the County's natural resources through litter prevention and abatement, waste reduction and recycling education efforts, various waste collection drives, and volunteer programs. 2. TYPES OF SERVICES A. The Contractor shall provide various types of services which may include, but are not limited to, the following: i. Providing industry research and guidance on solid waste programs, technologies, and processes; ii. Estimating costs; iii. Conducting waste stream analysis and composition studies; iv. Conducting feasibility studies; V. Conducting generation studies; vi. Conducting collection efficiency studies; vii. Conducting studies and investigations related to recycling and collection issues; viii. Assistance with procurement process including preparation of scope, evaluation of submittals and recommendations, and negotiation of contracts; ix. Preparation of and negotiation of franchise collection agreements; X. Participate in proposal review committees; xi. Research of innovative processes and techniques; xii. Education outreach programs; xiii. Drafting, revising, or consulting on solid waste ordinances, master plans, and/or comprehensive plan; xiv. Piloting/implementing alternative collection approaches; Amendment No. 1 to Contract No. 2021-025 Page 3 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 AMENDMENT NO. 1 EXHIBIT A -SCOPE OF SERVICES xv. Technical services related to existing and new facilities and structures; xvi. Facility site assistance including zoning, special exception, or planning; xvii. Rate study and cost analysis; xviii. Collection area routing analysis; xix. Peer review; xx. Conduct and provide reports using public surveys and polls; xxi. Assist with preparation and facilitation of public meetings; xxii. Provide support for and attend Board or other government meetings; and xxiii. Other solid waste consulting services as required, such as auditing services, marketing services and/or graphic design. 3. CONTRACTOR'S PERSONNEL A. The Contractor's Key Personnel are as follows: Project Staff Member Role Mitch Kessler Principal TBD Project Director Chas Jordan Project Manager Peter Enael Bethany Jewell AMENDMENT 1 Chas Jordan Senior Consultant II Peter Engel Bethany Jewell Robin Mitchell AMENDMENT 1 TBD Senior Consultant I Ryan Graunke Bethanyjewel! Consultant II Randy Rudd Kyle Richardson AMENDMENT 1 TBD Consultant I TSB Research Analyst II Ben Larochelle Domanic Miele AMENDMENT 1 Maureen Cummings Ron I Research Analyst I arechelle Charles Garcia Jacob Larochelle Amendment No. 1 to Contract No. 2021-025 Page 4 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 AMENDMENT NO. 1 EXHIBIT A -SCOPE OF SERVICES (AMENDMENT 1) Nikki McNew S saR KorR AMENDMENT 1 Admin/Tech Support B. The number of respective professionals and other technical support personnel required for specific services will be determined as work assignments are developed and will be based on an estimate of the Contractor personnel required to adequately and competently perform the work in the desired time frame. 4. ASSIGNMENT OF WORK A. The County shall provide, via written request, to the Contractor a project description for each assignment that is required to be performed by the Contractor under this Term Contract. A task order number will be provided to the Contractor in the request and that number shall be referenced on all correspondence, reports, and invoicing. B. The project description shall be used by the Contractor to provide the County with a project proposal. When a project proposal is requested by the County, the Contractor shall provide a written response acknowledging receipt of the proposal to the County within two business days of the initial notification and provide a written proposal within five business days of initial notification unless additional time is approved by the County's Administrative Agent. The following shall apply to project proposals: i. The project proposal shall include the scope of work, the estimated length of the project, and a detailed cost estimate, which includes the number of work hours, hourly rate, number and types of employees required including subconsultants, materials, equipment, and permits (if required). ii. The Contractor shall provide an estimated start date to provide the County with an idea of when the Contractor shall be available to start the project. iii. Service shall not be performed until the County approves the written project proposal and issues a purchase order. iv. If unforeseen or unknown tasks or deliverables not within the scope of the original project proposal are required, the Contractor shall submit a revised project proposal for the additional or changed work to be approved by the County. Amendment No. 1 to Contract No. 2021-025 Page 5 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 AMENDMENT NO. 1 EXHIBIT A -SCOPE OF SERVICES V. No additional work shall commence unless the County approves the revised project proposal in writing. Changes to this exhibit are indicated using underlined text to show additions and strikethrough text to show deletions. Changes made pursuant to this Amendment No. 1 are in bold. (END EXHIBIT A) Amendment No. 1 to Contract No. 2021-025 Page 6 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 AMENDMENT NO. 1 EXHIBIT B -FEE SCHEDULE ITEM POSITION UNIT OF UNIT PRICE MEASURE (AMENDMENT 1) 1 Principal Hourly $BOA 235.00 2 Project Director Hourly 1 90 00 3 Project Manager Hourly $170.00 175.00 4 Senior Consultant II Hourly $150.00 5 Senior Consultant I Hourly $140.00 6 Consultant II Hourly $11L5.00 125.00 7 Consultant I Hourly $100'00 105.00 8 Research Analyst II Hourly ,00 90.00 9 Research Analyst I Hourly $75.00 80.00 10 Admin/Tech Support Hourly $7-0`00 75.00 11 Markup for materials, Percentage 0% supplies, and equipment Markup 12 Subcontractors At Cost* Changes to this exhibit are indicated using underlined text to show additions and strikethrough text to show deletions. Changes made pursuant to this Amendment No. 1 are in bold. Amendment No. 1 to Contract No. 2021-025 Page 7 of 8 DocuSign Envelope ID: 64736187-526D-4FAO-9DC5-48992FFOAA19 AMENDMENT NO. 1 EXHIBIT B -FEE SCHEDULE The hourly rates provided above are fully burdened and include all profit, direct and indirect labor costs, travel related out-of-pocket expenses and costs, and all other costs which are necessary to provide the services as outlined in the contract. The rates in the table above shall remain firm for a minimum two years following the effective date of this Term Contract. *Upon written approval by the County, Contractor may use Subcontractors for temporary labor for waste composition studies. The Contractor will be reimbursed at cost. PRINCIPAL Maintains final responsibility for all aspects of KCI operations, the project work, and is ultimately accountable for all services provided. PROJECT Manages the work of the project team, negotiates and administers client contracts, and serves as a resource to the DIRECTOR project team throughout the scope of services. PROJECT Serves as the primary contact for the client and assumes MANAGER responsibilities that client objectives are met, and the project is completed within budget and on time. SENIOR Provides management support as necessary and possesses multiple areas of content expertise. Exemplifies experience and certifications CONSULTANT II beyond Senior Consultant I. SENIOR Provides management support as necessary and possesses multiple CONSULTANT I areas of content expertise. Assists in the completion of components to a major project or may CONSULTANT serve as project manager on smaller, less complex projects. II Exemplifies experience and certifications beyond Consultant I. CONSULTANT Assists in the completion of components to a major project or may I serve as project manager on smaller, less complex projects. Maintains specialized expertise in specific areas of recycling and RESEARCH waste reduction. May conduct research, deliver products and provide ANALYST II technical leadership to the project team. Exemplifies experience and certifications beyond Research Analyst I. RESEARCH Maintains specialized expertise in specific areas of recycling and waste reduction. May conduct research, deliver products and provide ANALYST I technical leadership to the project team. ADMIN / TECH Provides multiple support to the project team to include quality SUPPORT control, invoicing and calendar management. (END EXHIBIT B) Amendment No. 1 to Contract No. 2021-025 Page 8 of 8 Renee Basel From: Nikki McNew <nmcnew@kesconsult.com> Sent: Thursday, April 4, 2024 9:29 AM To: Trey Nazzaro Cc: Renee Basel Subject: RE: Kessler March invoice Attachments: Gulf Stream 223-01_#20242855_Mar24_rev.pdf; Amendment 1 Executed 2023-12.pdf [NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hi Trey — I have revised the attached invoice. Please note that the contract with Gulf Stream is governed by the Sarasota County contract per Cooperative Purchasing Agreement. Sarasota County issued an amendment to this contract in December 2023 extending the Agreement and included a fee schedule amendment. I have attached that amendment for your records. Regards, Nikki McNew Finance & Administration Manager Kessler Consulting, Inc., innovative waste solutions www.kesconsult.com 813-971-8333 x13 (p) 1 813-971-8582 (f) I nmcnew(-Okesconsult.com KCI Project # IMPORTANT NOTICE: THE INFORMATION CONTAINED IN THIS E-MAIL IS CONFIDENTIAL AND MAY CONSTITUTE PRMLEGED WORK PRODUCT. This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. Unless you are the named addressee or an authorized designee, you may not copy or use it, or disclose it to anyone else. If you have received it in error, please notify us immediately and then destroy it. From: Trey Nazzaro <tnazzaro@gulf-stream.org> Sent: Sunday, March 31, 2024 9:04 AM To: Nikki McNew <nmcnew@kesconsult.com> Cc: Renee Basel <rbasel@gulf-stream.org> Subject: RE: Kessler March invoice Nikki, Our agreement (attached) has the Principal rate at $225 per hour and the Admin/Tech Support at $70 per hour. Can you please make these adjustments and resend the invoice? Thankyou, Trey Edward (Trey) C. Nazzaro Assistant Town Attorney Town of Gulf Stream 100 Sea Road Gulf Stream, Fl 33483 (561) 276-5116 Notice: Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Nikki McNew <nmcnew@kesconsult.com> Sent: Friday, March 29, 2024 10:42 AM To: Trey Nazzaro <tnazzaro@gulf-stream.org> Subject: Kessler March invoice [NOTICE: This message originated outside of the Town of Gulfstream -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Kessler Consulting March 2024 invoice is attached. Please feel free to contact us if you need anything further. Regards, Nikki McNew Finance Manager Kessler Consulting, Inc., innovative waste solutions www.kesconsult.com 813-971-8333 x13 (p) 1 813-971-8582 (f) I nmcnew@kesconsult.com KCI Project # IMPORTANT NOTICE: THE INFORMATION CONTAINED IN THIS E-MAIL IS CONFIDENTIAL AND MAY CONSTITUTE PRIVILEGED WORK PRODUCT. This message is for the designated recipient only and may contain privileged, proprietary, or otherwise private information. Unless you are the named addressee or an authorized designee, you may not copy or use it, or disclose it to anyone else. If you have received it in error, please notify us immediately and then destroy it. Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2