HomeMy WebLinkAbout2022-201FIRST AMENDMENT AND RENEWAL TO
BIOSOLIDS DISPOSAL AGREEMENT
BETWEEN
THE CITY OF VERO BEACH, FLORIDA
AND
THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
This FIRST AMENDMENT AND RENEWAL TO (hereinafter "First Amendment") is
made and entered into as of the 4th day of October 2022, by and
between the CITY OF VERO BEACH, a Florida municipal corporation, whose mailing address
is P. O. Box 1389, Vero Beach, Florida 32961-1389 (hereinafter "City") and the INDIAN RIVER
COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River
County, Florida, a political subdivision of the State of Florida, whose mailing address is 180127 1h
Street, Vero Beach, Florida 32960 (hereinafter "SWDD"). City and SWDD may also be referred
to herein individually as a "party" or collectively as the "parties."
RECITALS
WHEREAS, on October 8, 2019, SWDD and the City entered into the Biosolids Disposal
Agreement between Indian River County Solid Waste Disposal District ("SWDD") and City of
Vero Beach ("City") (the "Agreement"); and
WHEREAS, the initial term of this agreement is for a period of three (3) years terminating
on October 7, 2022, and the City has duly notified SWDD of its desire to renew; and
WHEREAS, the City and SWDD desire to amend Section 3. Term of the Agreement, to
remove a time certain termination,
NOW THEREFORE, in consideration of the mutual covenants contained herein and other
goods and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
Section 1. Recitals. The parties agree that the above recitals are true and correct by this reference
incorporated herein and made part thereof.
Section 2. Amendment of Section 3 of the Agreement. Section 3 of the Agreement shall be
revised to read as follows:
Section 3. Term of the Agreement.
This Agreement shall automatically renew each year on October 1, unless either
party provides written notice to the other party of non -renewal at least one hundred and
eighty (180) days prior to the annual renewal date. Notwithstanding the above, either party
may terminate this Agreement, at any time and for any reason, upon at least ninety (90)
days written notice to the other party. The City may terminate this Agreement due to an
increase in the disposal fee pursuant to Section 4 below, by written notice to the SWDD
within thirty (30) days of the approval of the fee increase by the SWDD governing board.
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First Amendment and Renewal to Biosolids Disposal Agreement
Section 3. The remaining terms and conditions of the Agreement shall remain in full force and
effect.
Section 4. Effective Date. This First Amendment shall be effective as of the date that it is fully
executed by both parties.
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
ATTEST: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, BOARD OF
Circuit Court and Comptroller COUNTY COMMISSIONERS ••"""'""••
p yGpti�M1SS� �
Sign: :
i
By• / By: Peter D. O'Bryan q.
Deputy Clerk Its: Chairman :oQ
Date: October 4, 2022 ...•
(SEAL)
Approved as to form and legal sufficiency: Approved:
D an Reingold Jason E.
County Attorney County S
Approved as toed- nical requirements:
of Utility Services
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First Amendment and Renewal to Biosolids Disposal Agreement
CITY OF VERO BEACH, FLORIDA
ATTEST:
CLQ 6 Lez
Tammy K. u ick
City Clerk
(SEAL)
STATE OF FLORIDA
VERO B AC Y COUNCIL
Sign:
By: Robert Brackett
Its: Mayor
Date: C 1 l2'1L
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of B physical presence
or ❑ online notarization this 1940 day of mbft 2022, by Robert Brackett, the
Mayor, and attested by Tammy K. Bursick, the City Clerk, of the City of Vero Beach, Florida.
Both are personally known to me.
Sign:
Notary Oubalic, State of Florida at Large
Print Name ti P� •-la
Seal: ;�►`'"Y�. SHERRI PHILO � C��'
AVMY COMMISSION # HH 065119 Notary Commission No.:
EXPIRES: December 3, 2024 My Commission Expires:
IElonded Thru Notary Public Underwriters
ADMINISTRATIVE REVIEW
(For Internal use Only -Sec. 2-77 COVB Code)
Approved as to form and legal sufficiency
for COVB only:
ohn S. Turner Date
City Attorney
Approved as t clinical require t .
? Zo/Z'_
Robert J. BoloX,, P.E. Date
Director, Water & Sewer
Approved as conforming to municipal
policy:3)<
vk�
Monte K. Falls, P.E. Date
City Manager
Approved as to financial requirements:
45;4 -1-,-
Cy i awson Date
Director, Finance
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First Amendment and Renewal to Biosolids Disposal Agreement