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mo 4P VEGETATIVE & WOOD WASTE SERVICES AGREEMENT IRC BID NUMBER. 2053 This Agreement is made and entered into this 4 'day of /' 2%� 7 2000, by and between INDIAN RIVER COUNTY BOARD OF COUNTY COIVMSSIONERS, located at 1840 2511 Street, Vero Beach, Florida 32960, hereinafter called "COUNTY"; and Biomass Processing Technology, Inc., with its office located at 6877 Vista Parkway North, West Palm Beach, FL 33411, hereinafter called the "CONTRACTOR". WITNESSETH THAT: In consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: 1. The CONTRACTOR shall provide to the COUNTY the labor, services, materials and all appurtenances thereto described in Bid Number 2053, entitled VEGETATIVE & WOOD WASTE PROCESSING AND RECYCLING, opened July 12, 2000. The CONTRACTOR shall furnish, at his own cost and expense, all equipment, tools, materials and labor of every description necessary to carry out and complete said service/work in a good, substantial and workmanlike manner. 2. This. Agreement shall be in effect for a three (3) year period from October 1, 2000 to September 30, 2003. CONTRACTOR shall commence performance of service/work required hereunder upon execution of this agreement by both parties and on said beginning date agreed upon by the CONTRACTOR and COUNTY as stated herein. 3. Including the provision contained in this Agreement, the CONTRACTOR shall adhere to all provisions contained in a letter dated July 20, 2000 and the Scope of Work as submitted by the CONTRACTOR and attached as Attachments A & B of this Agreement. 4. The COUNTY shall pay the CONTRACTOR based upon the number of tons processed and removed from the Landfill site, as provided in Bid Number 2053. The COUNTY shall maintain scale weights of all outgoing material processed and removed by the CONTRACTOR under this Agreement. The CONTRACTOR shall provide with each scale transaction a product ticket or manifest identifying material and vehicle information for all materials removed from the landfill under this contract. The COUNTY shall provide to the CONTRACTOR within ten (10) working days after the end of each calendar month, a written, verifiable record of such weights, for all material removed during the previous calendar month. The CONTRACTOR shall submit an invoice to the COUNTY based on this record, with any adjustments mutually agreed upon by the CONTRACTOR and the COUNTY. 5, The COUNTY shall pay the CONTRACTOR the sum of Seventeen Dollars and Seventeen Cents ($17.17) for each ton of material removed as described above. Payment is due within thirty days receipt of the invoice from the CONTRACTOR. The contract price may be adjusted annually beginning October 1, 2001, by a maximum of 3% based on consumer price index (CPI), upon approval by the COUNTY. A request for the price adjustment must be submitted in writing ninety (90) days prior to the end of cacti yearly contract period. Failure to do so will be considered a waiver of the allowed increase. Page I of z