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�v c� INDIAN RIVER COUNTY °nc�. K SOLID WASTE DISPOSAL DISTRICT '�LpRjOp' BOARD MEMORANDUM Date: March 11, 2013 To: Joseph A. Baird, County Administrator l Thru: Vincent Burke, Director of Utility ServicesG From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District . Subject: Fourth Amendment to SWDD Feedstock Supply Agreement with INPB BACKGROUND: On July 15, 2011, the Solid Waste Disposal District (SWDD) approved the Feedstock Supply Agreement (FSA) to INEOS New Planet BioEnergy, LLC (INPB), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012; by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012; and by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012. The First Amendment provided a one year license to use SWDD's Vegetative Waste Management Area and scale house with provisions for INPB to pay a Scale Fee of$3.00 for each out of county vehicle for the first nine months and a fee of$3.00 for each vehicle after nine months. The Third Amendment provided an extension to use SWDD's facilities until April 30, 2013 and for INPB to pay a Scale Fee of $3.00 for each out of county vehicle until ,,o„ March 31, 2013 and a fee of$3.00 for each vehicle after March 31, 2013. On February 26, 2013, INPB requested an extension of our license to use SWDD's Vegetative Waste Management Area and Scalehouse services on a temporary basis until May 31, 2013 along with an extension on the Scale Fees as well as to modify their Scalehouse operating hours referenced in the Feedstock Supply Agreement to match the current landfill operating hours. ANALYSIS: Based on mutual agreement of both parties, staff recommends approval of an extension to INPB to continue to utilize our facility as to allow for the completion of their scale house facility and provide a smooth transition for our residents. The attached amendment provides an extension of the license and the terms of the scale fee through May 31, 2013 and changes to their Scalehouse operating hours. RECOMMENDATION: Staff recommends the SWDD Board approve and authorize the Chairman to sign the Fourth Amendment to the Feedstock Supply Agreement. ATTACHMENT: Fourth Amendment to Feedstock Supply Agreement & Letter from INPB APPROVED FOR AGENDA: Indian River Co. Approved Date By: �= Administration Jose A. Baird, County Administrator SWDDBudget for C 3 1t Budget � ( I O Date Legal .(j.(3 SWDD Agenda-Fourth Amendment to Feedstock Supply Agreement with INPB Page 1 271