HomeMy WebLinkAbout2016-215 EIGHTH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT,
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
THIS EIGHTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER
COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY,
FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Eighth Amendment')
is entered into as of the 15 day of December. 2016 by and bemeen Indian RiNer CountN Solid
Waste Disposal District. a dependent special district of Indian RiNer CountN. Florida. whose
address is 1801 27`x' Street. Vero Beach. Florida. (hereinafter referred to as the "District' or
"SVVDD' ). and Republic Seri ices of Florida. I_.imited Partnership. whose address is 3905 Oslo
Road. Vero Beach, FL 32968. (tile '*Contractor"*).
RECITALS
WHEREAS, on JanuarN 1. 2011. SWDD and Contractor entered into that certain
Contract Agreement Indian River County Solid Waste Disposal District Indian River CountN.
Florida Solid Waste Operations and Maintenance (the "Contract Agreement') for the Contractor
to operate and maintain the S A'DD landfill and customer convenience centers: and
WHEREAS, the Contract Agreement was amended b} the First .Amendment to Contract
Agreement, dated February 7. 2012. amended b% the Second Amendment to Contract
Agreement, dated April 2. 2013, amended bx the Third Amendment to Contract Agreement.
dated November 12, 2013. amended bN the Fourth Amendment to Contract Agreement. dated
Jul\ 8. 2014, amended bN the Fifth Amendment to Contract Agreement, dated NoNember 4.
2014. amended by the Sixth Amendment to Contract Agreement, dated January 20. 2015. and
amended b\ the Se\enth Amendment to Contract Agreement. dated Ma} 17, 2016 (the Contract
Agreement and all amendments thereto is hereinafter referred to as the "Contract"): and
WHEREAS, the Contract is for a term of seven years. -%yhich can be extended for one
additional seven \ear period at the mutual agreement of the Contractor and SWDD: and
WHEREAS, under the Contract. SWDD is required to notif} the Contractor no later than
December 31. 2016 of its intent to rene\\ or not to renev, the Contract: and
WHEREAS, the Contractor and S%VDD agree to negotiate the provisions of the sexen
ear extension period.
NOW THEREFORE. in consideration of the mutual undertakings herein and other good
and valuable consideration. the receipt and adequac\ of which is hereby acknowledged. the
parties agree. as follows:
1. Recitals. The abo\e recitals are true and correct and are incorporated herein.
2. Notification of Intent to Reneir Pursuant to Article 2- Genn of Contract of the
Contract. SWDD hereb\ notifies the Contractor of SWDD's intent to rene\x the Contract
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Eighth.I Mell(1111P111 Page I of 3
for the additional sex en (7) }car period. beginning JanuarN 1. 2018 and ending December
31. 2024 (the "Renewal "berm-). Subject to the limitations set forth in section 3. below.
�. Renewal Term Pros inions. SWDD and the Contractor will negotiate and mutually agree
on provisions that will appl} during the Renewal Term. to be memorialized in an
amendment to the Contract. SWDD and the Contractor anticipate and intend that the
amendment containing such pro\inions will be executed on or before Februar} 28. 2017
(the "Renewal Amendment"): howe\er. SWDD and Contractor may mutuall\ agree to
extend such negotiation period SWDD and Contractor both acknowledge that in the
event the parties are unable to mutually agree upon provisions to be included in the
Renewal Amendment. then SWDD shall have the riuht to withdraw the notice of intent to
renew set forth in section 2 above. Notice of such withdrawal shall be provided by
SWDD to Contractor b\ March 10. 2017 (or. if the negotiation period is extended b\ the
parties as contemplated above. b\ ten (10) days after the end of the extended negotiation
period).
4. Disposal Pricing. C'ontmoent on the execution bN both parties of the Renewal
Amendment. SWDD and the Contractor agree that beginning on Januan, 1. 2018. and
during the Renewal Term. compensation to the Contractor for the Class I landfill
operations including the landfill GCCS O&M shall be Thirteen Dollars and Twenty Five
Cents ($13.25) per ton of municipal solid waste (MSW) and construction & demolition
(C&D) debris disposed in the Class 1 landfill. subject to annual escalation pursuant to the
terms of the Renewal Amendment.
5. Ratification. Except as specificall\ pro,,ided in this Eighth :'Amendment. all other
prop inions of the Contract shall remain in full force and effect.
signature page followsl
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Ei,hth.-Inrent ntent Page 2cif 3
IN WITNESS WHEREOF, the parties have caused this Eighth .Amendment to be
executed by their respectiNe dul\ authorized officers as of the day and \ear first \�ritten aboNe
Attest: (Owner)
Jeffre\ R Smith. Clerk of Court and Solid Waste Disposal District
Comptroller Indian River County, Florida
By-
Deput} Clerk TF. cher. Chairman
C�?
Date Approved by SWDD: December 20, 2016
ApApproved as to Form and Legal Sufficiency By:
Jason E Bros n. Count} Administrator D} eingold. Esq . COMM AttorneN
Signed,sealed,and delivered in the presence Republic Services of Florida, Limited Partnership
of: ("Contractor")
By: Republic Services of Florida GP, Inc.,
its General Partner
\k fitness Glenn Ka\an,gh. General Manager
*: Date
s/5'.' �/�' •'Qom,',
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