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riRST AME11 DPOENT TO YARD WASTE PROCESSING AND DISPOSAL SERVICES AGREE N1EN T B3 -TWEEIV <br />!NDIAN RIVER COUNTY SOLID WASTE DISPOSAL ',)!STRICT,' "SWOD,") AND RkiSSE U.- P!?YNF, lNC. r_l/b/3 <br />rvlR, ;✓IULCH, iNC. ( `i:0NTRAC10R' ) <br />This First Amendment to Yard Waste Processing and Disposal Services Agreement is br and b H. f, he Sold <br />A'astc D,soosal District (SVVDD, a d un, ,,,eca d ;`- ct er NDl" N RI'�/ER ('OUNTY, a Politica, of the <br />State of Florida organized and existing irder the Laws of the State of Florida, (hereinafter called Owner) and Russell <br />Payne, Inc. d/b/a Mr. Mulch Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the <br />mutual covenants hereinafter set forth, agree as toJoa�s: <br />RECITALS <br />WHEREAS, on March 7, 2017, SWDD and Contractor entered into the Yard Waste Processing and Disposal Services <br />Agreement; and <br />WHEREAS, SWDD and Contractor desire to amend the Rate Adjustment procedure to allow sufficient time to request <br />a rate adjustment; <br />NOW THEREFORE, in consideration of the mutual undertaking herein and other good and valuable consideration, <br />the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: <br />1. Recitals. The above recitals are true and correct and are incorporated herein. <br />2. Article 4.04 B Amended. The entire paragraph in Article 4.04 B is replaced with the following: <br />B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to <br />SWDD no later than June 1 of the year in which Contractor would like the rate adjustment to go into <br />effect. Such rate adjustments are subject to approval by the County Administrator or his designee. <br />If approved, the rate adjustment would become effective October 1 of that year. <br />3. All other provisions of the Agreement shall remain in full force and effect. <br />IN WITNESS WHEREOF, SWDD and Contractor have execute this First Amendment this 6th day of February, 2018: <br />Owner: Contractor: <br />INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Russell Payne, Inc. d/b/a Mr. Mulch, Inc. <br />J 0'D'`Y� r <br />—�-- <br />Peter D. O'Bryan, Chairman *; ge: Russei}ayne - <br />President <br />Date: February 6, 2018 <br />?O�:• :�p�' (CORPORATE SEAL) <br />APPROVED:••�9/�FRCOU�r 7TEST: <br />By: E <br />Jason E. B41 <br />ty Administrator <br />APPROVED AS ANQIE46AL SUFFICIENCY: <br />By: <br />n Reingold, County Attorney <br />Page 1 of 1 <br />Jeffrey R. Smith, Clerk of Court and Comptroller <br />Attest: <br />Deputy Clerk <br />