HomeMy WebLinkAbout2016-077 SEVENTH AMENDMENT TO CONTRACT AGREEMENT
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE OPERATIONS AND MAINTENANCE
This Seventh Amendment to Contract Agreement ("Amendment") is entered into this 17thday of
May , 2016 ("Effective Date") by and between INDIAN RIVER COUNTY SOLID WASTE
DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, whose address is c/o
Department of Utility Services, 1801 27th Street, Vero Beach, Florida 32960 (hereinafter referred to as
the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership whose address is 3905
Oslo Road, Vero Beach, FL 32968, (hereinafter referred to as the "Contractor"),for the services set forth
herein.
BACKGROUND RECITALS:
WHEREAS, the District and the Contractor entered into that certain Contract Agreement, dated January
1, 2011, as amended by the First Amendment to Contract Agreement, dated February 7, 2012, as
amended by the Second Amendment to Contract Agreement, dated April 2, 2013, as amended by the
Third Amendment to Contract Agreement, dated November 12, 2013, as amended by the Fourth
Amendment to Contract Agreement, dated July 8, 2014, as amended by the Fifth Amendment to
Contract Agreement, dated November 4, 2014, as amended by the Sixth Amendment to Contract
Agreement,dated January 20,2015 (the Contract Agreement and amendment together with all contract
documents appended thereto is hereinafter referred to as the "Contract"), which provides for the
professional operation, management and post closure requirements of the Class 1 landfill at 1325 74th
Avenue Southwest, Vero Beach, Florida (hereinafter "Landfill"); for the operation and maintenance of
the landfill gas collection and control system (GCCS); the operation and maintenance of the adjacent
storm water management system and associated roads and the professional operation and management
of the non-Class 1 landfill portions of the Indian River County Landfill site including but not limited to the
management of the Municipal Recovery Facility (MRF), the Small Load Drop-off Area, the Waste Tire
Facility,the Metal Storage Area,the Household Hazardous Waste(HHW) Facility,Clean Concrete Storage
Area and other maintenance activities as well as the off-site activities associated with the operations and
maintenance of the five customer convenience centers including transportation and disposal service for
eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20) special
events;and
WHEREAS, on October 1, 2015, the SWDD implemented a single stream collection program in Indian
River County as well as started receiving single stream materials at the MRF operated by the Contractor,
and
WHEREAS, on November 24, 2015,the Contractor provided a new Volvo 110 loader on a lease basis for
a trial period to determine the efficiency and savings of the new equipment,and
WHEREAS, the trial period has successfully shown that the new equipment provided by the Contractor
for the loading of single stream recyclables has made an improvement to the MRF operations,and
WHEREAS, the parties desire to amend the Contract to reflect the change in services,
NOW,THEREFORE, in consideration of these premises, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound, covenant and agree to amend the Contract as follows:
1. The background recitals are true and correct and form a material part of the Amendment.
2. The existing Article 1—SCOPE OF WORK of the Contract is modified to include the following;
NON-CLASS 1 LANDFILL ACTIVITIES--MATERIAL RECOVERY FACILITY(MRF):
(a.) SWDD now operates a "Single Stream" MRF at the Indian River County Landfill.
(b,) The MRF receives recyclables from the County's "Curb Side Pickup" program as well as
from the five "Customer Convenience Centers", businesses, and residents that use the
Indian River County Landfill facilities.This facility now consists of three sections.
Section 1 Cardboard staging, loading and unloading area.
Section 2—Single Stream staging, loading and unloading area.
Section 3—Styrofoam staging, processing, loading and unloading area.
(c.) The Contractor will provide all employees and equipment necessary to receive, stage,
load and unload all recyclables at the Indian River County Landfill MRF. This includes the
purchase or lease of the Volvo 110 Loader.
(d.) The current level of service will be maintained by the Contractor.This includes producing
the same quality of recyclables as have been produced since November 24, 2015.
(e.) The Contractor will maintain all property, real or other wise to the condition it is at the
time of acceptance, normal wear and tear excepted.
(f.) The Contractor is no longer required to clean and provide 18-gallon recycling containers
to previously designated locations.
(g.) The above changes amend language in"Section V.Supplemental Specifications—Bid Item
No, 2, Paragraph E—Non-Class 1 Landfill Operations & Maintenance of the Indian River
County Solid Waste Operations& Maintenance RFP2011003, dated August 25, 2010."
3. The existing Article 3—COMPENSATION of the Contract is modified to include the following:
ii) PAYMENT FOR OPERATION AND MAINTENANCE OF NON-CLASS 1 LANDFILL OPERATIONS.
Per approval of this Amendment,SWDD will compensate the Contractor as follows:
1. As a one-time reimbursement for the tires on the Volvo 110 Loader in the amount of
Fifteen Thousand Nine Hundred andTwent Nine Dollars and Thirt Nine Cents
($15,929.39).
2. As a one-time reimbursement for the rental of the Volvo 110 Loader in the amount of
Twenty Seven Thousand, Three Hundred and Ninety Nine Dollars and Sixty Cents
($27,399.60)which covers the rental fees from December 1,2016 through March 31,
2016.
3. An annual expense of Thirty One Thousand, Five Hundred and Fifty Five Dollars and
Ten Cents ($31,555.10) to be invoiced on a lump sum monthly ($2,629.59) basis in
addition to the invoice for the Non-Class 1 Landfill Operations. Such payments are to
be made monthly to the Contractor for the remaining term of this Agreement.
4. All terms and provisions of the Contract not amended by this Amendment shall be and remain
in full force and effect.
IN WITNESS WHEREOF,the parties have caused this Amendment to be executed by their respective duly
authorized officers as of the day and year first written above.
Attest: (Owner)
Jeffrey R. Smith,Clerk of Court and Solid Waste Disposal District
Comptroller Indian River County, Florida
By: j:Safte _ Jam-ESQ,--4-
1
Deputy Clerk Bob Solari, Chairman
Date Approved by SWDD: May 17. 2016
Approved By: Approved as to Form and Legal Sufficiency By:
Josep A. Bair,, County Administrato Dyarft. Reingold, County Attorney
Sig, •d, sealed, and delivered in the Republic Services of Florida,Limited
presence of: Partnership("Contractor")
By:Republic Services of Fl. Ida GP, Inc.,
Its/G4 -ral Part er
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CERTIFICATE OF SE('RETAR\
RELATING TO THE SEVENTH AMENDMENT
TO CONTRACT AGREEMENT tVt i'tI
INDIAN RIVER COUNTY SOLID WASTE DiSPOSAL DISTRICT
IN THE STATE OF FLORIDA
the undersi�uned. Secretary of REPUBLIC SERVICES OF FLORIDA GP, INC.. u
Delaware corporation, the 'general partner Ithe ''General Partner') of RE PUBLIC
SERVICES OF FLORIDA, LIMITED PARTNERSHIP. a Delaware limited
partnership (the ''Partnership") hereby certifies that the tollowing is a true and correct
copy of the resolution which was duly adopted by written consent of the General Partner
un February 244. 2016. that such resolution has not been rescinded. amended or modified
in any respect. and is in full force and eflcct on the date hereof:
RESOLVED, that (i) any individual at the time holding the position of General
IVIanal.:er or Area Director. Finance he. and each of them hereby is. appointed as an
Authorised .-Agent. to act in the name and on behalf of the General Partner, in its capacity
as the General Partner of the Partnership, and to include the execution of related
documents. in connection with the day-to-day business activities of the Partnership. and
further. that (ii) in addition to the General Manager or Area Director. Finance. ctn
individual at the time holding the position of Area Director. Business Development: Area
Director. Operations: or Market Vice President he. and each of them hereby is. appointed
as an Authorized .Agent to execute any hid and proposal. and if awarded. any related
contract for services to he performed by the Partnership and any bond required by such
bid, proposal or contract. all in accordance with the existing Levels of Authority and
other relevant policies and procedures.
I further certify that GLENN KAVANACH holds the title of General Manager and in
such capacity has full authority to act in the name and on behalf of the Partnership as set
forth in the toreCuointt resolution.
WEEN ESS MY I{ANI). this qt°day of May. 2016.
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L kCei ..8Cthute rSecretary