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2023-077
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2023-077
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Last modified
4/28/2023 11:36:39 AM
Creation date
4/28/2023 11:30:40 AM
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Template:
Official Documents
Official Document Type
Amendment
Approved Date
04/18/2023
Control Number
2023-077
Agenda Item Number
15.B.2.
Entity Name
Indian River Sustainability Center, LLC (IRSC)
Subject
Amendment No. 2 to Wastewater Treatment Agreement
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to meet its contractual performance requirements or claim a Company Event of Default will be suspended; such <br />rights will be reinstated once the Originally Planned Work is fully completed by the District and the Evaporation <br />Plant has been fully and finally re -commissioned. <br />C. Payment Terms <br />IRSC will invoice the District for Supplement Engineering Cost promptly after execution and approval <br />by the District of this Second Amendment. <br />IRSC will invoice the District for Additional IRSC Work relating to the Tank Issue promptly following <br />completion of the portion of the Additional IRSC Work relating to the Tank Issue. <br />IRSC will invoice the District for the portion of the Additional IRSC Work relating to the Gas Line Issue <br />promptly following completion of the portion of the Additional IRSC Work relating to the Gas Line Issue. <br />Each amount invoiced will be applied to the Remaining Credit until it is exhausted, after which any <br />amounts remaining due and payable by the District for Costs Related to Temporary Fixes will be due and payable <br />within thirty (30) days of receiving the applicable invoice. <br />Ill. ROLL -OFF BOX MODIFICATION <br />A. Background <br />The design basis for IRSC's Evaporation Plant being built by IRSC to treat the District's leachate <br />contemplated the installation of metal stands to hold the roll -off boxes where residual will be collected following <br />leachate processing. Under the Wastewater Treatment Agreement, the District is the party who is solely <br />responsible for disposal of all residual material collected in the roll -off boxes. <br />The District plans to have that activity performed by its subcontractor, Republic Services ("Republic") <br />once the Evaporation Plant is operational. Republic has asked the District for some contractual protection in the <br />event that it damages the roll of boxes or the stand while removing residual. Since IRSC has no direct legal <br />relationship with Republic, IRSC has proposed that the District and IRSC amend the Wastewater Services <br />Agreement to address this concern. <br />B. Modifications to the Wastewater Treatment Agreement to Address Roll Off Box Issue <br />1. Section 3.2 of the Wastewater Treatment Agreement is hereby amended to add the following <br />as a new subsection (f) as follows: <br />"(f) The Company will work with the District and its vendor Republic Services ("Republic") to <br />develop standard operating procedures for Republic to use when removing residual from <br />the Evaporation Plant ("Residual Removal SOPS") and a process to ensure that personnel <br />charged with removing residual from the Plant have been properly trained and certified by <br />IRSC ("Certified Operators"). IRSC has already modified certain aspects on the Evaporation <br />Plant to reduce the risk that the roll off boxes or stands will be damaged in the ordinary <br />course of business (e.g., adding a concrete barrier in front of the stands holding the roll -off <br />boxes)." <br />2. Section 7.2 of the Wastewater Treatment Agreement is hereby amended to add the following <br />Page 4 of 6 <br />
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