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HomeMy WebLinkAbout2024-059TWENTY THIRD AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS TWENTY THIRD AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Twenty Third Amendment") is entered into as of the V* day of M*zL.+t- , 2024 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida, whose address is 1801 27th 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 to 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; the Nineteenth Amendment to Contract Agreement, dated January 31, 2023; the Twentieth Amendment to Contract Agreement, dated March 7, 2023; and the Twenty First Amendment to Contract Agreement, dated May 16, 2023; the Twenty Second Amendment and Extension to Contract Agreement, dated November 21, 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, 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: Twenty Third Amendment and Extension to Contract Page 1 of 4 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 2024. b. Landfill Gas Well Extensions - Contractor to provide three vertical well extensions and three side slope collector extensions including replacement parts, materials, equipment, fuel and labor. c. Landfill Gas Blower No. 3 — the Contractor will utilize Xpert Blower Repair for the repair of Blower No. 3 which includes disassembly, inspection, repair, reassembly, on-site installation and testing. B. Hurricane Preparedness Plan: The existing Article 1— SCOPE OF WORK of the Contract is modified to strike the current Hurricane Preparedness Plan language and replace with the following language: a. Republic Services has provided a Hurricane Preparedness Plan for the 2024 Hurricane Season and is included as an attachment to this amendment. This plan is intended to allow for the seamless disposal of storm debris at the landfill and at the Customer Convenience Centers with the least amount of effect on the residents of Indian River County. Upon declaration of a state of emergency and as duly authorized by the County Administrator, Republic Services shall provide and be compensated for additional services as outlined in the plan. 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 $1,265.00 for the period of January 1, 2024 through December 31, 2024 or $105.42 per month, which includes a 15% management fee to Contractor. The overall payment for Calendar Year 2024 Non -Class 1 Landfill services shall be adjusted from the current $3,566,849.71 per year to $3,568,114.71 per year or $299,069.81 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 by SCS to not exceed $57,615.00 which includes a 15% management fee to Contractor. Twenty Third Amendment and Extension to Contract Page 2 of 4 viii) For the Landfill Gas Blower No. 3 Repairs — the Contractor will utilize Xpert Blower Repair for the repair of Blower No. 3 per the attached proposal to not exceed $15,237.50 which includes a 15% management fee to Contractor. 4. Ratification. Except as specifically provided in this Twenty Third Amendment, all other provisions of the Contract shall remain in full force and effect. [signature page follows Twenty Third Amendment and Extension to Contract Page 3 of 4 IN WITNESS WHEREOF, the parties have caused this Twenty Third Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: Ryan L. Butler, Clerk of Court and Com troller B .� Deputy Clerk Date Approved by SWDD: Appr ved B . John A. Titkanich, Jr., County Administrator (Owner) Solid Waste Disposal District Ltdiap River County, no ida �v Sams, Chairman March 5. 2024 Approved as to F rm e I u iciency By: 4tengo 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: r tfo„J SM ► •r"+ Print Title: Ca ► M Ad A GF /Z [remainder of page intentionally left blank] Twenty Third Amendment and Extension to Contract Page 4 of 4