HomeMy WebLinkAbout2014-177FIFTH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
This Fifth Amendment to Contract Agreement ("Amendment") is entered into this 4 day of
November , 2014 ("Effective Date") 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" or "SWDD"), and Republic Services of Florida, Limited Partnership whose address is 3905
Oslo Road, Vero Beach, FL 32968, (hereinafter referred to as the "Contractor"), for the services set forth
herein.
BACKGROUND RECITALS:
WHEREAS, the District and the Contractor entered into that certain Contract Agreement, dated January
1, 2011, as amended by the First Amendment to Contract Agreement, dated February 7, 2012, as
amended by the Second Amendment to Contract Agreement, dated April 2, 2013, as amended by the
Third Amendment to Contract Agreement, dated November 12, 2013, as amended by the Fourth
Amendment to Contract Agreement, dated July 8, 2014 (the Contract Agreement and amendment
together with all contract documents appended thereto is hereinafter referred to as the "Contract"),
which provides for the professional operation, management and post closure requirements of the Class
1 landfill at 1325 74th Avenue Southwest, Vero Beach, Florida (hereinafter "Landfill"); for the operation
and maintenance of the landfill gas collection and control system (GCCS); the operation and maintenance
of the adjacent storm water management system and associated roads and the professional operation
and management of the non -Class 1 landfill portions of the Indian River County Landfill site including but
not limited to the management of the Municipal Recovery Facility (MRF), the Small Load Drop-off Area,
the Waste Tire Facility, the Metal Storage Area, the Household Hazardous Waste (HHW) Facility, Clean
Concrete Storage Area and other maintenance activities as well as the off-site activities associated with
the operations and maintenance of the five customer convenience centers including transportation and
disposal service for eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to
twenty (20) special events; and
WHEREAS, on September 23, 2014, the SWDD Board approved the closure of the Winter Beach Customer
Convenience Center by December 31, 2014 and then on November 4, 2014, the SWDD Board extended
the closure to 6 PM on January 5, 2015 which is included in the above scope of services for non -Class 1
landfill operations; and
WHERAS, on October 24, 2014, the Contractor offered a $250,000 annual savings for the closure of the
Winter Beach Customer Convenience Center effective January 1, 2015; and
WHEREAS, the parties desire to amend the Contract to reflect the change in services,
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NOW, THEREFORE, in consideration of these premises, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto, intending to be legally bound, covenant and agree to amend the Contract as follows:
1. The background recitals are true and correct and form a material part of the
Amendment.
2. The existing Article 1— SCOPE OF WORK of the Contract is modified as follows:
ii) Customer Convenience Center Locations. The five (5) four (4) Customer Convenience
Centers (CCCs) are located at Winter Beach (3955 65th Street), Roseland (7860 130th
Street), Gifford {4901 41st Street), Oslo (950 1st Place), and Fellsmere (12510 County
Road 512).
iii) Hours of Operation. The Indian River County Landfill shall be operational seven days
a week from 7 AM to 5 PM and the five four Customer Convenience Centers shall be
operational five days a week from 7 AM to 6 PM with the exception of the following five
holidays: New Year's Day, Independence Day, Labor day, Thanksgiving Day, and
Christmas Day. All CCCs are closed Wednesday's; Winter Beach, Roseland and Gifford
CCCs are closed on Tuesdays whereas Oslo and Fellsmere CCCs are closed Thursdays.
3. The second full paragraph on page 2 in Article 1 — SCOPE OF WORK of the Contract is
deleted in its entirety and replaced with the following language:
In addition, the Scope of Work under this contract shall include, but not limited to, the
professional operation and management of the non -Class 1 landfill portions of the
Indian River County Landfill site including but not limited to the management of the
Municipal Recovery Facility (MRF), the Small Load Drop-off Area, the Waste Tire Facility,
the Metal Storage Area, the Household Hazardous Waste (HHW) Facility, Clean Concrete
Storage Area and other maintenance activities as well as the off-site activities associated
with the operations and maintenance of the four customer convenience centers (Oslo,
Fellsmere, Gifford and Roseland) including transportation and disposal service for eight
(8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20)
special events. The Contractor will provide trained and licensed staff, equipment, fuel,
insurance/bonding, and be responsiblefor paying utility costs.
4. The existing Article 3 — COMPENSATION of the Contract is modified as follows:
ii) PAYMENT FOR OPERATION AND MAINTENANCE OF NON -CLASS 1 LANDFILL
OPERATIONS. Commencing January 1, 2011 2015, compensation to the
Contractor for the operation and maintenance of Non -Class 1 landfill operations
shall be . •, .. .. .. ..
Thirty Three Dollars ($2,765,833.00) Two Million, Six Hundred and Eighty Eight
Thousand, Five Hundred and Thirty Nine Dollars ($2,688,539) per year, which
includes the CPI adjustment effective January 1, 2015, invoiced on a lump sum
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monthly basis and subject to an annual escalation as set forth in this Contract
during the term of this Contract.
5. All terms and provisions of the Contract not amended by this Amendment shall be and
remain in full force and effect.
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IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective duly
authorized officers as of the day and year first written above.
Attest:
Jeffrey R. Smith, Clerk of Court
Comptroller
By. /
Approved By:
Date Approved by SWDD:
(Owner)
Solid Waste Disposal District
In River County, Floricta
Peter D. O'Bryan, Chaim
November 4, 2014
Approved as to Form and Legal Sufficiency By:
oseph. Baird, County Administrator Dylan T. Reingold, County Attorney
Signed, seabed, and delivered in the
presence of:
Print Name:
Print Name:
Republic Services of Florida, Limited
Partnership ("Contractor")
By: Republic Services of Florida GP, Inc.,
its General Partner
Print Name:
Print Title:
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