HomeMy WebLinkAbout2019-202ASECOND EXTENSION AND AMENDMENT TO AGREEMENT
FOR OPERATIONS OF THE BIOSOLIDS DEWATERING FACILITY, SLUDGE DEWATERING
AND HAULING
This Second Extension and Amendment (Second Extension) to that certain Agreement to
provide Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling services is
entered into effective as of January 1, 2020 by and between Indian River County, a political
subdivision of the State of Florida ("County") and Synagro South, LLC ("Contractor").
BACKGROUND RECITALS
WHEREAS, the County and the Contractor entered into an Agreement for Operations of the
Biosolids Dewatering Facility, Sludge Dewatering and Hauling Services effective March 1, 2016; and
WHEREAS, Paragraph 7 of the Agreement contains the term and renewal provisions; and
WHEREAS, the first term commenced effective as of March 1, 2016 and ended on February 28,
2019; and
WHEREAS, the first extension commenced effective as of March 1, 2019 and will terminate on
February 29, 2020; and
WHEREAS, Paragraph 4 of the Agreement authorizes Contractor to request modification to pricing
annually; and
WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional
one year period and add certain provisions to the Agreement; and
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as
follows:
1. The background recitals are true and correct and form a material part of this First Extension
2. The second renewal term shall commence effective March 1, 2020 and shall end on February 28,
2021; no additional renewals are available.
3. Contractor has requested and County has agreed to a 1.33% increase in pricing from $0.0279 to
$0.0283 per gallon for hauling and from $208.00 to $210.86 per ton for dewatering, beginning on
January 1, 2020.
3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and
effect.
IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed
effective the day and year first set forth above.
OWNER:
CONTRACTOR:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
e�"Attest: oav�'j
Deputy Clerk
(SEAL)
Designated Representative:
Name: Richard Meckes
Title: Wastewater Superintendent
Utilities Operations
4350 41 st Street
Vero Beach, FL 32967
(772) 226-3400
Facsimile: (772) 226-3419
Address for giving notices:
W1 WS C i, S -F-1 CO
tT I Nt b t , D 2-12--2-0
License No.
(Where applicable)
Agent for service of process:
Designated Representative:
Name: ELILW-� t i N4
.LMAS QT
WMAM u V ' s
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to
sign.)
UNANIMOUS WRITTEN CONSENT
OF THE MEMBER OF
SYNAGRO SOUTH, LLC
The undersigned, being the Member of Synagro South, LLC, a Delaware Limited Liability
Company (the "Company") for the purpose of taking action without meeting and waiving all notice
requirements with respect thereto, hereby consents to, adopt and approve the following resolutions:
Resignation of Officers
RESOLVED, that the resignation of Michelle Hamann and Daniel Neary as
Assistant Secretaries and Michael Schwartz as Vice President of the Company is
hereby accepted effective October 26, 2018.
Appointment of Officers
RESOLVED, that the following individuals be and hereby is approved, adopted
and ratified as an officer of the Company until his respective successor shall have
been duly appointed and qualified:
Michael Fegan Chief Operating Officer
Matthew Robertson Chief Commercial Officer
Elizabeth Grant Assistant Secretary
Enabling Resolutions
FURTHER, RESOLVED, that the officers of the Company be, and they hereby are,
authorized to take, or cause to be taken, any and all actions which they may deem
necessary or desirable in connection with effectuating the above resolution s; and
FURTHER, RESOLVED, that the actions of the officers of the Company previously
taken in connection the above resolutions be, and they hereby are, in all respects
authorized, ratified and confirmed as the acts and deeds of the Company.
FURTHER, RESOLVED, that the officers of the Company be, and hereby are,
authorized to take, or cause to be taken any and all actions which they may deem
necessary or desirable in connection with binding the Company.
IN WITNESS WHEREOF, the undersigned Member has executed this Unanimous Written
Consent effective as of October 20, 2018.
Al Slepian, Secretary