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INDIAN RIVER COUNTY _� c0� K SOLID WASTE DISPOSAL DISTRICT �za BOARD MEMORANDUM }=�! ORIS Date: May 13, 2013 To: Joseph A. Baird, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District m ' Subject: Fifth 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; by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012 and by the Fourth Amendment to 'eedstock Supply Agreement, dated March 19, 2013. 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 March 31, 2013 and a fee of$3.00 for each vehicle after March 31, 2013. The Fourth Amendment provided an extension to use SWDD's facilities until May 31, 2013 and for INPB to pay a Scale Fee of$3.00 for each out of county vehicle until April 30, 2013 and a fee of$3.00 for each vehicle after April 30, 2013. The overall intent of these amendments has been to provide an opportunity for INPB to transition the processing to their facility. On May 7, 2013, INPB officially notified SWDD that as of May 13, 2013, all vegetative waste will be received and processed at their facility utilizing an entrance from Oslo Road. Both SWDD and INPB staff have worked cooperatively to ensure that there is a seamless transition for our residents whereby maintaining the same rates and level of service. INPB expects to process the material received at SWDD's facility prior to the transition by May 31, 2013 deadline. However, INPB requested via email on May 8, 2013 an extension of the temporary license to occupy and use the SWDD's Vegetative Waste Management Area for storage of various stages of vegetative materials and wood chips through August 31, 2013. ANALYSIS: Based on mutual agreement of both parties, staff recommends approval of an extension to INPB to continue o utilize our facility for storage purposes only. The attached amendment provides an extension of the license through August 31, 2013. SWDD Agenda-Fifth Amendment to Feedstock Supply Agreement with INPB Page 1 102