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12.9.20K 1 THIRD EXTENSION TO AGREEMENT S FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA o2 p 3 Z l4 •lgle This Extension to that certain Contract to provide disaster debris removal and disposal services is entered into effective as of December 14, 2014 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 June 14, 2011, the County and Unified:,JRecoverY Group LLC entered into a Disaster Debris Removal and Disposal Contract. Contract was renewed effective December 14, 2012 through December 13, 2013. B. On July 2, 2013, the secondary agreement was re -awarded to Omni Pinnacle, LLC after the original secondary contract holder, Unified Recovery Group LLC, was terminated for non-compliance. C. Article 8 of the Contract contains the term and renewal provisions and the General Conditions of the Contract contain the price increase provisions. C. Pursuant to the Contract, the parties desire to renew the Contract by this Extension. D. This Contract was binding on the parties for the initial term that commenced July 2, 2013 and ended December 13, 2013. The initial renewal term commenced effective as of July 2, 2013 and ended on December 13, 2013; the second renewal term commenced December 14, 2013 and ends December 13, 2014; and the final renewal term shall commence December 14, 2014 and end December 13, 2015. All renewal terms are subject to sooner termination in accordance with the terms of the 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 effective date of this Third Extension, the parties agree that the prices set forth in the Contract will be an increase from the rate set forth in the 2013 Contract, due to the yearly CPI having an increase of 1.2%, as set forth on Exhibit A attached hereto and mad a part hereof. 3. All terms and provisions of the Contract shall be and remain in full force and effect, with t following additions: a. When burning is utilized, an Air Curtain Incinerator Burn Permit must be obtained from the Indian River County Fire and Life Safety Bureau. b. In compliance with CFR 44 Section 13.36, immediately following a disaster event, the County, in consultation with the Contractor, shall determine the Contractor's scope of services and an estimated dollar value of the work for the event, based up on the best data available at that time. CONTRACTOR shall, within five days of issuance of work order, obtain and provide Performance and Payment Bonds to the COUNTY, each equal in sum to the estimated dollar value of the work. The Contractor's bond costs will be paid in full by the COUNTY in the first payment under the contract after the occurrence of a storm event. F.\Public Works\Hurricane - Disaster Preparedness\Hurricane 2014\Third extension Omni hurricane debris removal