HomeMy WebLinkAbout2023-029NINETEENTH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT,
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
THIS NINETEENTH 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 the 31 day of January, 2023 by and between Indian River
County Solid Waste Disposal District, a dependent special district of Indian River County, Florida,
whose address is 1801 27b 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; and the Fifteenth Amendment to Contract Agreement,
dated February 16, 2021; the Sixteenth Amendment to Contract Agreement, dated February 1,
2022; Seventeenth Amendment to Contract Agreement, dated April 5, 2022; and Eighteenth
Amendment to Contract Agreement, dated October 18, 2022 (the "Contract") for the Contractor
to operate and maintain the SWDD landfill and customer convenience centers ("CCCs"); and
WHEREAS, on July 5, 2022, the SWDD Board approved a 3.00% Consumer Price Index
(CPI), effective January 1, 2023, to increase the Class I Landfill MSW rate from $14.19 per ton to
$14.62 per ton and to increase the Non -Class I Landfill Services from $3,308,422.50 per year to
$3,407,675.18 per year; 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
WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract as set
forth herein.
Nineteenth Amendment to Contract Page I of 3
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 O&M services for Calendar
Year 2023.
b. Landfill Gas Well Extensions - Contractor to provide two vertical well
extensions and eight side slope collector extensions including replacement
parts and materials.
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 $21,988 for the period of January 1, 2023 through December 31,
2023 or $3,141.14 per month, which includes a 15% management fee to
Contractor. The overall payment for Calendar Year 2023 Non -Class 1 Landfill
services shall be adjusted from the current $3,407,675.18 per year to $
$3,429,663.18 per year or $285,805.27 per month.
vii) For the Landfill Gas Well Extensions — the Contractor will be paid on a time
and materials basis for the work completed per the attached proposal to not
exceed $48,660.00
4. Ratification. Except as specifically provided in this Nineteenth Amendment, all other
provisions of the Contract shall remain in full force and effect.
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Nineteenth Amendment to Contract Page 2 of 3
IN WITNESS WHEREOF, the parties have caused this Nineteenth 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:
Deputy Clerk
Date Approved by SWDD
Approved By:
(Owner)
Solid Waste Disposal District
Indian River County, Florida
Q.
Joseph F —Earmdn, tfiairman
January 31, 2023
Approved as to Form and Legal Sufficiency By:
Micha to, Interim County Administrator Dy an Reingold, County Attorney
Signed, sealed, and delivered in the presence Republic Services of Florida, Limited Partnership
of: ("Contractor")
By: Republic Services of Florida GP, Inc.,
its General Partner
Print Name:
Print Name:
Print Name: % ,roAl 2 'M fQ+
Print Title:
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