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FIFTH AMENDMENT TO CONTRACT AGREEMENT <br />INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT <br />INDIAN RIVER COUNTY, FLORIDA <br />SOLID WASTE OPERATIONS AND MAINTENANCE <br />This Fifth Amendment to Contract Agreement ("Amendment") is entered into this 4 day of <br />November , 2014 ("Effective Date") by and between INDIAN RIVER COUNTY SOLID WASTE <br />DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida,'whose address is c/o <br />Department of Utility Services, 1801 27th Street, Vero Beach, Florida 32960 (hereinafter referred to as <br />the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership whose address is 3905 <br />Oslo Road, Vero Beach, FL 32968, (hereinafter referred to as the "Contractor"), for the services set forth <br />herein. <br />BACKGROUND RECITALS: <br />WHEREAS, the District and the Contractor entered into that certain Contract Agreement, dated January <br />1, 2011, as amended by the First Amendment to Contract Agreement, dated February 7, 2012, as <br />amended by the Second Amendment to Contract Agreement, dated April 2, 2013, as amended by the <br />Third Amendment to Contract Agreement, dated November 12, 2013, as amended by the Fourth <br />Amendment to Contract Agreement, dated July 8, 2014 (the Contract Agreement and amendment <br />together with all contract documents appended thereto is hereinafter referred to as the "Contract"), <br />which provides for the professional operation, management and post closure requirements of the Class <br />1 landfill at 1325 74th Avenue Southwest, Vero Beach, Florida (hereinafter "Landfill"); for the operation <br />and maintenance of the landfill gas collection and control system (GCCS); the operation and maintenance <br />of the adjacent storm water management system and associated roads and the professional operation <br />and management of the non -Class 1 landfill portions of the Indian River County Landfill site including but <br />not limited to the management of the Municipal Recovery Facility (MRF), the Small Load Drop-off Area, <br />the Waste Tire Facility, the Metal Storage Area, the Household Hazardous Waste (HHW) Facility, Clean <br />Concrete Storage Area and other maintenance activities as well as the off-site activities associated with <br />the operations and maintenance of the five customer convenience centers including transportation and <br />disposal service for eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to <br />twenty (20) special events; and <br />WHEREAS, on September 23, 2014, the SWDD Board approved the closure of the Winter Beach Customer <br />Convenience Center by December 31, 2014 and then on November 4, 2014, the SWDD Board extended <br />the closure to 6 PM on January 5, 2015 which is included in the above scope of services for non -Class 1 <br />landfill operations; and <br />WHERAS, on October 24, 2014, the Contractor offered a $250,000 annual savings for the closure of the <br />Winter Beach Customer Convenience Center effective January 1, 2015; and <br />WHEREAS, the parties desire to amend the Contract to reflect the change in services, <br />1 <br />