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THIRD EXTENSION TO AGREEMENT " FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY , FLORIDA CA 0 0 This Extension to that certain Agreement to provide disaster debris removal and disposal �f services is entered into effective as of January 1 , 2010 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" ) , extended a second time effective as of January 1 , 2009 , and is extended a third time effective as of January 1 , 2010 . B . Article 8 of the Contract contains the term and renewal provisions and Article 5 of the Contract contains the price increase provisions . C . Pursuant to the Contract, the parties desire to renew the Contract by this Extension . D . This Contract shall be binding on the parties forthe initial term that commenced August 23 , 2005 and ends June 30 , 2007 . The initial renewal term shall commence effective as of July 1 , 2007 and shall end on December 31 , 2008 ; the second renewal term shall commence January 1 , 2009 and end December 31 , 2009 ; and the final renewal term shall commence January 1 , 2010 and end December 31 , 2010 . All renewal terms are subject to sooner termination in accordance with the terms of this Contract. 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 Third Extension . 2 . From the date of this Third Extension , the parties agree that the prices set forth in the Contract will be a decrease from the rate in the 2009 Contract, due to the yearly CPI being a negative , as set forth on Exhibit A attached hereto and made a part hereof. 3 . All terms and provisions of the Contract shall be and remain in full force and effect. IN WITNESS WHEREOF , the parties have caused this Amendment to be executed effective the day and year first set forth above . OMNI 4 CLE , LLC INDIAN RIVER COUNTY , FLORIDA BOARD OF COUNTY COMMISSIONERS BY , (Authorized Signa )_ ` I Yr Joso h A . Baird , County Adm6istrator, Pursuant to authority delegated on January 19 , 2010 Printed name and title : BCS/"agenda item 8 Gi Brian Reine - Manager Approved as to form and legal sufficiency : (Corporate Seal ) 1 / 22 / 10 U;, � ( ' Date ( � f �c . t. / William G . Collins , II , County Attorney