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SECOND AMENDMENT AND EXTENSION TO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA This Second Amendment and Extension ("Second Amendment") to that certain Agreement to provide disaster debris removal and disposal services is entered into effective as of July 21 , 2009 nunc pro tunc for January 1 , 2009 , by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and OMNI PINNACLE , LLC , a Louisiana corporation authorized to do business in the State of Florida ("Contractor"). BACKGROUND RECITALS A. Effective August 23, 2005 , the County and the Contractor entered into a Disaster Debris Removal and Disposal Agreement, as amended by the Amendment and Extension effective as of July 1 , 2007 (as so amended , herein referenced as the "Contract") . Be Article 8 of the Contract contains the tern and renewal provisions and Article 5 of the Contract contains the price increase provisions . C . Pursuant to the terms of the Contract, the parties desire further to amend and extend the Contract as more specifically set forth in this Second Amendment. 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 : 1 . The background recitals are true and correct and form a material part of this Second Amendment, 2 . From and after the date of this Second Amendment, the parties agree that the prices set forth in the Contract have been changed by a CPI increase of 2 .67% effective as of July 21 , 2009 as set forth on Exhibit A attached hereto and made apart hereof. The County hereby waives the 30 days' prior written notice of a CPI increase that is required under Article 4 of the Contract. 3 . All terms and provisions of the Contract not amended by this Second Amendment shall be and remain in full force and effect. IN WITNESS WHEREOF , the parties have caused this Second Amendment to be executed effective the day and year first set forth above . OMNI PINNACLE , LL.Q INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By, (Authorized Signature) Bye Printed name and title: Jose A . Bai County Administrator, purs a to authority delegated on July 21 , 2009 Brian Reine - Manager BCC g nda item 8S Aonrove Date (Corporate Seal ) 8 / 17 / 09 Date proved as to form and legal sufficiency: r anon E . Fell , r Assistant County Attomey 1