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4th Amendment/Extension 05/16/2018 DATE: June 4, 2018 TO: Kevin G. Wilson, PE Assistant County Administrator Elaine Ferda Executive Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: May 16 BOCC Meeting th Attached is an electronic copy of Item C20, two year Contract Extension with Sweetwater , for your Environmental for disposal of sludge/septage collected at the Solid Waste Transfer Stations handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Solid Waste Finance File 05/16/2018 Amendment and Renewal Agreement AMENDMENT AND EXTENSION OF AGREEMENT FOR THE TRANSFER, COLLECTION, STORAGE, TREATMENT, TRANSPORTATION AND DISPOSAL OF SLUDGE /SEPTAGE GENERATED WITHIN MONROE COUNTY THIS AMENDMENT AND EXTENSION is entered into this 16th day of May 2018, between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida (County) and Sweetwater Environmental, Inc. (Contractors). WHEREAS, the parties entered into an agreement dated May 19, 2004, for the transfer, collection, storage, treatment, transportation, and disposal of sludge /septage generated within Monroe County, which was amended June 6, 2004, renewed June 17, 2009, May 21, 2014and July 20, 2016. WHEREAS, due to the changes in County policies and centralized sewer systems being put in place, the amount of sludge /septage being brought to the County's transfer stations has dropped from approximately 500,000 gallons to approximately 200,000 gallons; and WHEREAS, while the flow rates have decreased, the County amended and extended the agreement on July 20, 2016 as it determined that it has a continued need for the services until all centralized sewer systems in Monroe County are completed and properties are connected; and • WHEREAS, the agreement between the parties is due to expire on June 30, 2018, but the County is still in need of the Contractor's services and thus the parties have agreed to again extent the Agreement and increase the unit price in accordance with the allowed CPI adjustment and under the negotiated terns and conditions as set forth herein: NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: 1. Section I of the Agreement is hereby amended as follows: TERM OF AGREEMENT: This agreement shall be extended for an additional two (2) year period from the term ending June 30, 2018 and now ending at 12:00 midnight on June 30, 2020. The term of this agreement may be extended upon written agreement by the parties. 2. Section II of the Agreement as amended is hereby amended as follows: Effective July 1, 2018, The COUNTY .shall pay the CON'1'RACTOR on a per month in arrears basis for receiving, transferring, collecting, storing, treating, transporting, and disposing of sludge and septage at the unit price of $0.28 per gallon. This rate is to be effective as of July 1, 2018. This rate may be adjusted annually beginning on July 1, 2019 using the Consumer Price Index for all urban consumers (CPIU) for the most recent 12 months ending in February. The COUNTY shall pay the CONTRACTOR a monthly maintenance fee of One Thousand Two hundred Dollars and Zero Cents ($1200.00) on a per month in arrears basis for keeping the sites in proper working order. 1 • • 05/16/2018 Amendment and Renewal Agreement 3. In all other respects, the original agreement between the parties dated May 19, 2004, as amended on June 16, 2004, renewed on June 17, 2009, and amended and renewed on May 21, 2014 and July 20, 2016 not inconsistent herewith, shall remain in full force and effect. • IN WITNESS WHEREOF. each party have caused this Amendment and Extension to be executed by its duly authorized representative. 0® % 1 ' BOARD OF COUNTY COMMISSIONERS dim • j s F t. 1% / N MADOK OF MONROE COUNTY, FLORIDA h ° NHMOer °• By: / L!_ By: Deputy Clerk Mayor SWEETWATER ENVIRONMENTAL, INC. By: Cary C. • 'eadows/ General Manager Sweetwater EnvironmentalBiosolids The foregoing instrument was acknowledged before me this 2? day of r 2018 by C" 41 /(bowl Who is ( ) personally know to me or ( ) produced a driver's license as identification. ASHLEY ELLERKER OT PUBLIC, STATE OF FLORIDA sink, Commission # FF 128381 gg Expires June 2, 2018 �/! 11/ Print, type/of stamp commissioned name of CC notary C) • W .C6 • .1- r-. to E3 =1 } MONROE COUNTY ATTORNEY - L' Fi�l Q I VUDA I T �_.1_�n1 ,QL �d3 a CHRISTINE LIMBERT- BARROWS ASSISTANT COUNTY ORNEY DATE: i 2