HomeMy WebLinkAbout2010-199 17/1 0
-q Is • 8 . � .
SECOND MEMORANDUM OF UNDERSTANDING
PURSUANT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY, FLORIDA
CLASS I LANDFILL OPERATIONS , MANAGEMENT AND
POST CLOSURE CONTRACT
This Second Memorandum of Understanding is dated this 17th day of August 2010
by and Between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a
dependent special district of Indian River County , Florida , whose address is c/o
Department of Utility Services , 1801 27th Street , Vero Beach , Florida 32960 ( hereinafter
referred to as the " District" ) , and WASTE MANAGEMENT INC . OF FLORIDA , a Florida
corporation , whose address is 2700 Wiles Road , Pompano Beach , FL 33073 ( hereinafter
referred to as the " Contractor" ) , for the services set forth herein .
WHEREAS , the District and the Contractor entered into that certain Contract
Agreement , dated November 4 , 1997 , (the Contract Agreement , First Amendment dated
July , 1 , 2003 , Second Amendment dated April 14 , 2009 , together with all contract
documents appended thereto is hereinafter referred to as the " Contract" ) , for operations ,
management , and operations services solely for the District ' s Class I landfill at 1325 74`h
Avenue , Vero Beach , Florida ( hereinafter " Landfill " ) ; and
WHEREAS , the District and Contractor entered into that certain Memorandum of
Understanding dated June 22 , 2010 , that memorialized the parties ' agreement to extend
the Contract through September 30 , 2010 ( " First MOU " ) ; and
WHEREAS , the District and Contractor desire to confirm the understanding of the
parties with regard to an extension of the term of the Contract to December 31 , 2010 ;
and
WHEREAS , the parties desire to memorialize their understanding as set forth
herein .
NOW , THEREFORE , in consideration of these premises and for other good and
valuable consideration , the receipt and sufficiency of which is hereby acknowledged , the
parties agree as follows :
1 . The Contract term will expire on September 30 , 2010 . The parties agree to
extend the term to December 31 , 2010 , subject to District ' s right to terminate upon
thirty ( 30 ) days notice , as set forth in the next paragraph .
2 . Should the District decide to terminate prior to December 31 , 2010 , it shall give
Contractor written notice of such termination at least thirty ( 30 ) days prior to the
termination date .
1 _
1
, d
3 . Commencing October 1 , 2010 , and for the remainder of the extension term ,
compensation to the Contractor for Landfill Operations shall be $ 14 . 35 per ton of waste
disposed in the Landfill ; provided , however , that if Contractor is the successful bidder in
the planned upcoming bid process for Landfill management and operation services , then
compensation for the period commencing the date the Board of County Commissioners
awards the contract to Contractor shall be the accepted bid amount , if lower , irrespective
of the date the contract is signed by all parties . If necessary , adjustments shall be made
to subsequent bills so that the amount actually paid for the period commencing the date
of the award shall be the accepted bid amount .
4 . All other terms and conditions shall remain in effect .
IN WITNESS WHEREOF , this Second Memorandum of Understanding is executed by
the authorized representatives of the parties as of the day and year first above written .
Uep 111111 " 44441, y*4
e ,o��jY COIVP/yj4s, o
B Y : :' :' •arc.d
Peter D . O ' Bryan , Chairm &fi
a
'a
v6 r co � e•l O
9O•• • VO
70 >
e ; o
Date approved by SWDD : `•�'IF' 'n�O
T O
BOUNTY F�.
`tea aaaaa �aubaae, ,'
Attest:
Jeffr- K . Barton
Clerk to the District
Approved : August 17 , 2010
() a p jo 4o h
Jeph A Baird , County Ad 'i istrator
Approved as to fo and legal sufficiency :
p of Alan Polackwich
County Attorney
WASTE MANAG ENTMIFLORIDA
By : '00 '004
avi , is resident
,
Attest :
Ron Id M a Ian
Ass Se etary