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HomeMy WebLinkAbout2003-285 ORIGINAL FIRST AMENDMENT TO THE AMENDED AND RESTATED SERVICE CONTRACT FOR INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT This First Amendment to the Amended and Restated Service Contract ("First Amendment") is entered into this 21st day of Ocotber 2003 ("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 Utilities Services , 1840 25h Street, Vero Beach , Florida 32960 ("SWDD") , and Ecotech Consultants , Inc . whose address is P . O . Box 620988 , Oviedo , Florida 32762 ("Contractor") , for the services set forth herein . BACKGROUND RECITALS : a) On August 5 , 1997 the Indian River County Board of County Commissioners ("County") entered into a three (3) year contract addendum with the CONTRACTOR ("Addendum") for the services to SWDD as set forth in the Addendum. b) The Addendum expired on August 5 , 2000. Thereafter the County amended a contract between the County and the Contractor ("County Contract") to allow the CONTRACTOR to perform the services set forth in the County Contract for SWDD . c) The County Contract was amended and restated on April 16 , 2002 as the Amended and Restated Service Contract for the Indian River County Solid Waste Disposal District ("Restated Contract") . The Restated Contract was renewed for the first annual renewal period and on April 1 , 2003 for the second annual renewal period in accordance with Paragraph 5 . 1 of the Restated Contract. . d) SWDD desires to amend the services being provided by the CONTRACTOR under the Restated Contract and the CONTRACTOR agrees to provide the amended services on the terms and conditions set forth herein . NOW THEREFORE, for good and valuable consideration , the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows : 1 . From and after the Effective Date of this First Amendment, Paragraph 2 . 1 , captioned "HOUSEHOLD HAZARDOUS WASTE MANAGEMENT PROGRAM" of Article 2 "SCOPE OF SERVICES " is deleted in its entirety 2 . From and after the Effective Date of this Amendment, Paragraph 2 . 2 , captioned "ACCEPTANCE, IDENTIFICATION, DOCUMENTATION AND HANDLING SERVICES FOR THE HOUSEHOLD HAZARDOUS WASTE PROGRAM" of Article 2 "SCOPE OF SERVICES " is deleted in its entirety and replaced with the following: 2 . 2 ENVIRONMENTAL COMPLIANCE The CONTRACTOR shall monitor the Household Hazardous Waste Program to insure that it is executed in compliance with all applicable regulations . The CONTRACTOR shall conduct periodic inspections of the SWDD facilities and make recommendations to improve safety and environmental compliance of the Program. The CONTRACTOR shall also attend inspection visits by state regulators and respond to their requests for information . 3 . From and after the Effective Date of this Amendment, Subparagraph 2 . 3A captioned "MAINTENANCE" under Paragraph 2 . 3 captioned "Solid Waste Disposal District 12 Acre Mitigation Site Between 22nd and 23rd Streets of Article 2 "SCOPE OF SERVICES " is deleted in its entirety and replaced with the following: 2 . 3 SOLID WASTE DISPOSAL DISTRICT WETLANDS AND WETLAND MITIGATION This AGREEMENT assumes that CONTRACTOR will be responsible for the overall operation and management of the wetland mitigation site , and maintenance of on-site wetlands for control of Cattails (Typha spp . ) , and for assistance with other wetland issues on -site for the term of this Agreement . The costs for providing the services described within this scope of services (Subparagraphs 2 . 3 A through and including 2 . 3 C) are $41 , 000 for the remainder of the term of this Agreement. 4 . Paragraph 2 . 3 captioned "SPECIAL CONDITIONS " of Article 2 "SCOPE OF SERVICES " is deleted in its entirety and replaced with the following: 2 . 3 SPECIAL CONDITIONS SWDD will provide the CONTRACTOR with access to all files associated with the household hazardous waste management program. 5 . The background recitals are true and correct and form a material part of this First Amendment 6 . All terms and provisions of the Agreement not amended by this First Amendment shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their respective duly authorized officers as of the day and year first written above . INDIAN R R COUNTY, SOLID W ST DIS OS DISTRICT ECOTECH CONSULTANTS , INC BY' By �• K eth R . Macht, Chairman C .E. Swin ell , Jr. Date approved by SWDD : October 21 , 2003 President Attest . Jeffrey K. Barton Witness Clerk to the District Approved: ames E. Chan" ler _ ro# County Administrator Ap o to form egal iciency el t County Attorney