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