HomeMy WebLinkAbout2019-109DTHIRD AMENDMENT TO
RECYCLABLES TRANSFER, PROCESSING & MARKETING SERVICES
AGREEMENT
THIS THIRD AMENDMENT ("Amendment") to for Recyclables Transfer, Processing &
Marketing Services Agreement (the "Agreement"), is made and entered into as of this 16 day of
July, 2019, by and between the 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, FL (hereinafter "SWDD") and Tropical Exchange Corp.,
a Florida Corporation, d/b/a Tropical Recycling, 2625 Electronics Way, West Palm Beach, FL,
33407 (hereinafter "Tropical" or the "Processor").
WHEREAS, on August 21, 2012, SWDD and ReCommunity entered into the Agreement;
and
WHEREAS, per the First Amendment to and Assignment of Recyclables Transfer,
Processing & Marketing Services Agreement ("First Amendment"), dated July 14, 2015,
ReCommunity assigned the Agreement to Tropical with the prior express written consent of
SWDD; and
WHEREAS, per the Second Amendment to Recyclables Transfer, Processing &
Marketing Services Agreement ("Second Amendment"), dated September 18, 2018, SWDD
extended a two-year option to the Agreement with Tropical to terminate on August 31, 2022; and
WHEREAS, Tropical has been providing Single Stream recycling processing services
under the Agreement beginning October 1, 2015; and
WHEREAS, Tropical is being paid a Processor's Fee of $88.00/ton and is providing a
revenue share of 75.1% for Single Stream recycling under the extended initial term; and
WHEREAS, Tropical is compensating SWDD for landfill residue disposal at a rate of
$19.08 and landfill cover materials at a rate of $7.00 per ton; and
WHEREAS, Tropical has expressed that the contamination rate for the Program
Recyclables from Indian River County have exceeded 20%; and
Page 1 of 3
WHEREAS, SWDD is providing temporary allowances to address single stream
contamination until such a time as formal policy changes are adopted by SWDD or until the
Recyclables contain twenty percent (20%) or less Rejects by volume, whichever occurs first;
NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good
and valuable consideration, the parties agree as follows:
Section 1. Recitals. The above recitals are true and correct and are incorporated herein.
Section 2. Amendment of Article IV of the Agreement (Processor Responsibilities)
Subsection (c) of Section 4.4, Processing and Marketing, of Article IV of the Agreement is
amended to add the following language as indicated below:
(c) Landfill Residue Disposal Rate. Tropical has requested to return the residue
from their processing to the Indian River County Landfill. Tropical is
hereby agreeing to pay the Landfill Residue Disposal Rate which has been
calculated to be $19.08 per ton, to be adjusted annually as part of the SWDD
Assessment Rate Resolution process. See attached rate calculation sheet
provided as Exhibit A to this Amendment. Starting July 1, 2019, Tropical
will not pay the Landfill Residue Disposal Rate for the first 35% of the
previous month's Program Recyclables that are returned to SWDD for
disposal until such a time as formal policy changes are adopted by SWDD,
or the Recyclables contain twenty percent (20%) or less Rejects by volume,
whichever occurs first.
Section 3. Remaining Provisions. All other provisions of the Agreement, First
Amendment and Second Amendment shall remain in full force and effect.
(Remainder of this page is intentionally left blank)
Page 2 of 3
ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller
By:1011,,4 001644ill
Deputy Clerk
APPROVED:
By:
Jaso : rown
Cou • dministrator
INDIAN RIVER COUNTY SOLID
WASTE DISPOSAL DISTRICT
By:
Bob Solari, Chairman
BCC approved: July 16, 2019
Date
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
Bv:
Dylan Reingold
County Aporney
TROPICXC-IANGE CORP.
By:
Name:
Title:
Dated:
Page 3 of 3