HomeMy WebLinkAbout2021-029FIFTEENTH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT,
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
THIS FIFTEENTH AMENDMENT TO CONTRACT AGREEMENT INDIAN
RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY,
FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Fourteenth
Amendment") is entered into as of ther6thday of February, 2021 by and between Indian River
County Solid Waste Disposal District, a dependent special district of Indian River County, Florida,
whose address is 1801 27t" Street, Vero Beach, Florida (hereinafter referred to as the "District" or
"SWDD"), and Republic Services of Florida, Limited Partnership, whose address is 3905 Oslo
Road, Vero Beach, Florida 32968 (the "Contractor").
RECITALS
WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract
Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid
Waste Operations and Maintenance, as amended by the First Amendment to Contract Agreement,
dated February 7, 2012; the Second Amendment to Contract Agreement, dated April 2, 2013; the
Third Amendment to Contract Agreement, dated November 12, 2013; the Fourth Amendment to
Contract Agreement, dated July 8, 2014; the Fifth Amendment to Contract Agreement, dated
November 4, 2014; the Sixth Amendment to Contract Agreement, dated January 20, 2015; the
Seventh Amendment to Contract Agreement, dated May 17, 2016; the Eight Amendment to
Contract Agreement, dated December 15, 2016; the Ninth Amendment and Extension to Contract
Agreement, dated February 21, 2017; the Tenth Amendment to Contract Agreement, dated
September 12, 2017; the Eleventh Amendment to Contract Agreement, dated September 18, 2018;
the Twelfth Amendment to Contract Agreement, dated September 10, 2019; and the Thirteenth
Amendment to Contract Agreement, dated March 3, 2020; and the Fourteenth Amendment to
Contract Agreement, dated July 14, 2020 (the "Contract") for the Contractor to operate and
maintain the SWDD landfill and customer convenience centers ("CCCs"); and
WHEREAS, on August 18, 2020, the SWDD Board approved a 2.25% Consumer Price
Index (CPI) to increase the Class I Landfill MSW rate from $13.65 per ton to $13.96 per ton and
to increase the Non -Class I Landfill Services from $3,117,675.94 per year to $3,187,823.65 per
year; and
WHEREAS, on September 15, 2020, the SWDD Board approved a Recyclables Transfer
and/or Disposal Procurement Agreement which included a clause for Facility Transition
Assistance by the Contractor; and
WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and
subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide
additional services in connection with the Indian River County Landfill and the customer
convenience centers not included above and as required by SWDD; and
Fourteenth Amendment to Contract Page I of 3
WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set
forth herein.
NOW THEREFORE, in consideration of the mutual undertakings 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. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the
following:
A. LANDFILL GAS SYSTEM OPERATION AND MAINTENANCE. The
Contractor shall provide the additional annual landfill gas system O&M services in
accordance with the attached proposal from SCS Field Services.
a. Landfill Gas O&M — Contractor to provide additional O&M services for
Calendar Year 2021 which includes additional reporting, maintenance,
weekly monitoring of Greenhouse Gas and two flow meter calibrations.
b. Excavate and Repair Air Compression System Leak — Contractor will
provide the labor, equipment and materials to excavate and repair the air
compression system leak. However, SWDD will allow the use of on-site
liner materials for the repair of the closure work.
B. FACILITY TRANSITION ASSISTANCE. The Contractor has agreed to
relocate the existing single stream transfer station at no cost to SWDD with the
understanding that SWDD is purchasing the necessary replacement parts and a new
cover fabric.
3. The existing Article 3 — COMPENSATION of the Contract is modified to include the
following:
vi) Annual Payment to Contractor for Landfill Gas System O&M shall be
increased by $18,524 for the period of January 1, 2021 through December 31,
2021 or $1,543.67 per month, which includes a 10% management fee to
Contractor. The overall payment for Calendar Year 2021 Non -Class 1 Landfill
services shall be adjusted from the current $3,187,823.65 per year to
$3,206,347.65 or $267,195.64 per month.
vii) A lump -sum payment of $33,588.50, which includes a 10% management fee
to Contractor, for the excavation and repairing of the air compression system
leak.
4. Ratification. Except as specifically provided in this Fifteenth Amendment, all other
provisions of the Contract shall remain in full force and effect.
Fifteenth Amendment to Contract Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Fifteenth 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 and
Comptroller
By. 6 , I
Deputy Clerk
(Owner)
Solid Waste Disposal District
Indian River Count, Florida
Me
Date Approved by SWMD:/ February 16. 2021
Jason E. Orowh, County
Signed, sealed, and delivered in the presence
of:
Print Name:
Print Name:
Approved as to Form and Legal Sufficiency By:
Dylan Reingold, County Attorney
Republic Services of Florida, Limited Partnership
("Contractor")
By: Republic Services of Florida GP, Inc.,
its General Partner
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