HomeMy WebLinkAbout2023-053BTWENTIETH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT,
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
THIS TWENTIETH AMENDMENT TO CONTRACT AGREEMENT INDIAN
RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY,
FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Twentieth
Amendment") is entered into as of the 7th day of March , 2023 by and between Indian
River County Solid Waste Disposal District, a dependent special district of Indian River County,
Florida, whose address is 1801 271 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 Eighth 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; the Thirteenth
Amendment to Contract Agreement, dated March 3, 2020; the Fourteenth Amendment t'h Contract
Agreement, dated July 14, 2020; the Fifteenth Amendment to Contract Agreement, dated February
16, 2021; the Sixteenth Amendment to Contract Agreement, dated February 1, 2022; the
Seventeenth Amendment to Contract Agreement, dated April 5, 2022; the Eighteenth Amendment
to Contract Agreement, dated October 18, 2022; and the Nineteenth Amendment to Contract
Agreement, dated January 31, 2023 (the "Contract") for the Contractor to operate and maintain the
SWDD landfill located at 1325 74th Avenue SW, Vero Beach, Florida (the "Landfill") and
customer convenience centers ("CCCs"); 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 Landfill and the CCCs not included above and as
required by SWDD; and
WHEREAS, Indian River Sustainability Center LLC ("IRSC") operates (through its
contractor) an evaporation plant (the "Evaporation Plant") at the Landfill; and
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Twentieth Amendment to Contract Page 1 of 6
WHEREAS, residual from leachate processing performed at the Evaporation Plant
("Residual") is collected in roll -off boxes ("Roll -Offs") at the Evaporation Plant by IRSC, and
SWDD is responsible for removing the Roll -Offs containing such Residual from their designated
location at the Evaporation Plant, transporting the Roll -Offs to the Landfill and disposing of such
Residual at the Landfill, transporting the Roll -Offs to the SWDD's on-site Wash Bay Facility (the
"WBF") for performance of washouts (as necessary) by IRSC's contractor, and transporting the
Roll -Offs back to the Evaporation Plant and replacing the Roll -Offs at their designated location at
the Evaporation Plant when such washouts have been completed (such obligations, collectively,
the "Residual Obligations"); and
WHEREAS, SWDD desires that the Contractor perform the Residual Obligations, and the
Contractor desires to perform the Residual Obligations; and
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:
Recitals. The above recitals are true and correct and are incorporated herein.
2. Scope of Work. The existing Article 1 — SCOPE OF WORK of the Contract is modified
to include the following:
A. RESIDUAL OBLIGATIONS. The Contractor shall perform the Residual Obligations
as follows:
a. The Contractor shall remove the Roll -Offs from their designated location at the
Evaporation Plant, transport the Roll -Offs to the Landfill and dispose of Residual
contained in the Roll -Offs at the Landfill, transport the Roll -Offs to the WBF (if
necessary and as directed by IRSC or its contractor) for performance of washouts
of the Roll -Offs by IRSC's contractor, and then transport the Roll -Offs back to the
Evaporation Plant and replace the Roll -Offs at their designated location at the
Evaporation Plant.
b. The Contractor shall perform the Residual Obligations within a reasonable time
after notification from IRSC or its contractor that such performance is necessary.
c. The Contractor shall require its personnel to comply with the standard operating
procedures attached hereto as Exhibit A (the "Residual Removal SOPs") when
removing Roll -Offs and Residual from the Evaporation Plant.
3. Compensation. The existing Article 3 —COMPENSATION of the Contract is modified to
include the following:
a. Residual Obligation Rates. SWDD and the Contractor agree that beginning on the
date of this Twentieth Amendment, and during the Renewal Term, compensation
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Twentieth Amendment to Contract Page 2 of 6
to the Contractor for the Contractor's performance of the Residual Obligations shall
be Two Hundred Fifty Dollars ($250.00) per haul ("Residual Obligation Rates"),
subject to annual escalation as set forth in Section 3(b) below.
b. Annual Escalation. The Residual Obligation Rates are subject to annual escalation
as set forth in section 4 of the Ninth Amendment and Extension to Contract
Agreement. For purposes of clarity, the first such annual escalation shall be
effective on January 1, 2024.
4. Additional Terms. SWDD and the Contractor agree that the following provisions shall
apply to the Residual Obligations:
a. The Contractor shall, together with SWDD and IRSC, develop a process to ensure
that Contractor personnel who perform the Residual Obligations have been
properly trained and certified by IRSC ("Certified Operators"), and Contractor shall
allow only Certified Operators to perform the Residual Obligations.
b. Residual shall at all times remain the property of SWDD. SWDD represents and
warrants that the Residual is suitable for disposal in the Landfill and complies with
all applicable federal, state and local laws, ordinances, rules and regulations,
including environmental laws (including, without limitation, the rules and
regulations of the EPA and the State of Florida Department of Environmental
Protection) (collectively, "Applicable Law"), and SWDD acknowledges and agrees
that the Contractor will rely on such representations and warranties in the
Contractor's performance of the Residual Obligations. If the Contractor in its
reasonable judgment determines that it cannot perform any or all of the Residual
Obligations in compliance with Applicable Law, the Contractor shall have no
obligation to perform such.
c. Notwithstanding anything to the contrary in the Contract or otherwise, except for
the Contractor's obligation to comply with the Class 1 Landfill Operations and
Training Plan and FDEP permits as set forth in the Contract, the Contractor shall
have no responsibility or obligation to profile, analyze, test or sample the Residual,
or to make any determination as to the character of the Residual or its suitability
for disposal at the Landfill.
d. Notwithstanding anything to the contrary in the Contract or otherwise, the
Contractor may act on instructions of IRSC or IRSC's contractor with respect to
requests for the performance of the Residual Obligations.
e. Notwithstanding anything to the contrary in the Contract or otherwise, the
Contractor shall have no obligation to indemnify or hold harmless Indian River
County, SWDD or any other person or entity or any of their respective employees,
contractors, agents or representatives with respect to any liabilities, claims,
damages, losses, or expenses (including, without limitation, attorneys' fees)
("Claims") related to damage to the Roll -Offs (or the stands, structures or
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Twentieth Amendment to Contract Page 3 of 6
equipment upon which the Roll -Offs are located or placed) caused by the removal
of the Roll -Offs from, or the return of the Roll -Offs to, their designated location at
the Evaporation Plant, or the loading of Residual onto or off-loading of Residual
from the Roll -Offs, except to the extent that such damage is caused solely by the
Contractor's (i) negligence or willful misconduct in its performance of the Residual
Obligations; (ii) use of personnel who are not Certified Operators; or (iii) failure to
materially comply with the Residual Removal SOPs; provided, however, and
notwithstanding the foregoing, Contractor shall have no obligation to indemnify or
hold harmless Indian River County, SWDD or any other person or entity or any of
their respective employees, contractors, agents or representatives with respect to
Claims for reasonable and ordinary wear and tear to the Roll -Offs (or the stands,
structures or equipment upon which the Roll -Offs are located or placed).
5. Ratification. Except as specifically provided in this Twentieth Amendment, all other
provisions of the Contract shall remain in full force and effect.
[signature page follows]
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Twentieth Amendment to Contract Page 4 of 6
IN WITNESS WHEREOF, the parties have caused this Twentieth 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 Clafk
Date Approved by SWDD:
(Owner)
Solid Waste Disposal District
Indian River County, Florida
Earman,
March 7, 2023
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Approved By: Approved as to Form and Legal Sufficiency By:
Mich . gto, Interim County Administrator Dylan 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: ?&4&0 --"-„,-�t
Print Title: 6fA44&1/W, m%44 e—e
[remainder of page intentionally left blank]
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Twentieth Amendment to Contract Page 5 of 6
Exhibit A
Residual Removal SOPS
See attached.
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Twentieth Amendment to Contract Page 6 of 6
HEARTLAND
www.heartlandtech.com
Standard Operating Procedure - Residual Removal
Date: 02/15/2023 Prepared by: Brian Crannell Approved By: SWDD, 03/07/2023
Site: 1093 IRC SOP Number: IRC -7004
Objective — Roll -Off Removal, Empty and Replace
Estimated Time: 1 Hour. Two people are needed to complete task. Contractor will provide
a roll -off truck and truck driver and a member of the operations team from either Indian
River Sustainability Center ("IRSC") or Heartland IRSC's contractor, (collectively, "IRSC
Personnel") will be present to observe whenever Contractor is completing this task. This
SOP was developed by Heartland at IRSC's request. For the purposes of this SOP, IRSC and
Heartland will be collectively referred to as "IRSC").
IRSC will also train and certify all personnel Contractor assigns to handle this procedure;
only certified Contractor personnel will be permitted to complete Contractor's tasks as
outlined herein.
Hazards Identification:
PPE Required:
Tools
Required (a):
1.
Blind Spots
1. Site Standard PPE
1. Pressure
2.
Rough Terrain
a.
Hi -Viz Safety Vest
2. Washer
3.
Inclement Weather
b.
Hard Hat
Scraper
4.
Liquid Surge and sloshing
C.
Steel Toe Boots
during Roll -Off transport.
d.
Safety glasses
5.
Slippery Surfaces
e.
Ear plugs
f.
Face shield
2. Nitrile coated safety gloves.
(a) -
To be provided by IRSC
Procedure:
Within 24-hour notice from IRSC that the Roll-Off's need to be emptied, Contractor
and IRSC shall coordinate the timing for removal of residuals.
Contractor will meet IRSC employees at the Evaporation Plant on the designated day
and time.
3. IRSC Employees will inform Contractor which Residual Roll-Off's will need to be
picked up and transported to landfill for disposal.
4. IRSC will be responsible for removing level transmitters, hoses, and closing valves
before picking up the Roll -Offs. Contractor may verify this task is complete and
inform IRSC if they believe further work is needed.
5. Contractor's Truck Driver will safely back up to designated Roll -Offs stand for removal.
Residual Removal Page 1 of 2 SOP IRC -7004
HEARTLAND
WATER TECHNC3L0—. .
www. hea rtla ndtech.com
6. Once truck is aligned with the Roll -Off box, the Contractor can begin the process of picking
up the Roll -Off.
7. Contractor will be responsible for securing Roll -Offs for transport.
8. Contractor will transport Roll -Off to Landfill and dispose of residuals contained in the Roll-
off.
9. Contractor's Truck Driver will return to Evaporation Plant and Contractor's Truck Driver
will place the empty Roll -Off on its designated stand.
10. Performance by Contractor of Procedures 5-9 and 12 must at all times be observed by
IRSC Personnel.
11. Contractor will complete a walk -around inspection prior to job completion and verbally
notify IRSC of any issues, damage etc. to the boxes or stands followed up by a written
notification within 24 -hours; IRSC will have the right to observe this process and inspect
on its own.
12. At least once monthly or more frequently if requested by IRSC, after the Roll -Offs have
been emptied at the landfill by Contractor but before they have been placed back on their
stands at the Evaporation Plant, IRSC will inspect the Roll -Offs to determine if they need
to be washed .out as a preventative maintenance measure. If such washout is required,
IRSC will inform Contractor and coordinate Contractor bringing the emptied Roll -Offs to
the County's Wash Bay Facility where IRSC will clean them. If Roll -Offs need to be
removed from the truck for cleaning, Contractor will be responsible for safely unloading
the dirty Roll -Off for cleaning and reloading them back on the truck once IRSC completes
the cleaning. [Procedure for this to be developed by the parties if necessary and added to
this SOP]. Once the washout is completed, Contractor will be responsible for transporting
the washed Roll -Offs back to the Evaporation Plant and replacing them at their designated
location on the stands at the Evaporation Plant in accordance with this SOP.
DISCLAIMER:
This Standard Operating Procedure (SOP) was developed based on a compilation by IRSC of best
available information, knowledge, field experience, and general IRSC practices to provide guidance to
Contractor as it completes the work required to manage residual coming from the IRSC Evaporation
Plant.
In performing the activities defined herein, Contractor will work in a consistent and standardized
manner. This document does not contain regulatory or statutory requirements unless specified.
IRSC has made every attempt to present the information in a clear and concise manner for users with basic
mechanical understanding. However, IRSC is not responsible for the misuse or misinterpretation of the
information presented herein. Under no circumstances shall IRSC be liable for any actions taken or
omissions made by non-IRSC users of this document
Hazards have been identified but site conditions can change, and other hazards may occur.
Residual Removal Page 2 of 2 SOP IRC -7004