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HomeMy WebLinkAbout2018-026riRST AME11 DPOENT TO YARD WASTE PROCESSING AND DISPOSAL SERVICES AGREE N1EN T B3 -TWEEIV !NDIAN RIVER COUNTY SOLID WASTE DISPOSAL ',)!STRICT,' "SWOD,") AND RkiSSE U.- P!?YNF, lNC. r_l/b/3 rvlR, ;✓IULCH, iNC. ( `i:0NTRAC10R' ) This First Amendment to Yard Waste Processing and Disposal Services Agreement is br and b H. f, he Sold A'astc D,soosal District (SVVDD, a d un, ,,,eca d ;`- ct er NDl" N RI'�/ER ('OUNTY, a Politica, of the State of Florida organized and existing irder the Laws of the State of Florida, (hereinafter called Owner) and Russell Payne, Inc. d/b/a Mr. Mulch Inc. (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as toJoa�s: RECITALS WHEREAS, on March 7, 2017, SWDD and Contractor entered into the Yard Waste Processing and Disposal Services Agreement; and WHEREAS, SWDD and Contractor desire to amend the Rate Adjustment procedure to allow sufficient time to request a rate adjustment; NOW THEREFORE, in consideration of the mutual undertaking herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Article 4.04 B Amended. The entire paragraph in Article 4.04 B is replaced with the following: B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the County Administrator or his designee. If approved, the rate adjustment would become effective October 1 of that year. 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, SWDD and Contractor have execute this First Amendment this 6th day of February, 2018: Owner: Contractor: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Russell Payne, Inc. d/b/a Mr. Mulch, Inc. J 0'D'`Y� r —�-- Peter D. O'Bryan, Chairman *; ge: Russei}ayne - President Date: February 6, 2018 ?O�:• :�p�' (CORPORATE SEAL) APPROVED:••�9/�FRCOU�r 7TEST: By: E Jason E. B41 ty Administrator APPROVED AS ANQIE46AL SUFFICIENCY: By: n Reingold, County Attorney Page 1 of 1 Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk