A20-46739.pdf

This document is Amendment No. 20 to DEP Contract No. EXC005, a contract between the State of Florida Department of Environmental Protection (DEP) and Mosaic Fertilizer, LLC. The amendment, executed on January 27, 2011, modifies the terms of an original contract initially entered into on May 23, 2002, and previously amended multiple times through January 2011. The contract pertains to closure construction services and long-term maintenance of the Mulberry Phosphogypsum Stack System located in Polk County, Florida.

The amended contract establishes a fixed lump sum Services Fee of $60,731,552 for closure construction activities across three primary work areas: the South Gypsum Stack, North Fresh Water Pond, and Cooling Pond System, with an additional six-year closure period operation and monitoring component. Payment is calculated using a percentage-based formula tied to Contractor's demonstrated completion progress, as certified by the Contractor's third-party engineer. The contract includes a Water Management Fee structure commencing July 1, 2006, charged at $15.76 per 1,000 gallons for the first 300 million gallons and $21.16 per 1,000 gallons thereafter, with a maximum cumulative Water Management Fee of $29,516,159. The Department established an Available Funds Notice procedure requiring annual notification to the Contractor by June 30 of each fiscal year regarding appropriated funds. The contract incorporates a Long Term Maintenance Fee of $2,700,816 as a one-time lump sum payment upon closure completion, and includes a watershed reduction schedule targeting full closure by July 1, 2014, with progressive acreage reductions from 376 acres to zero acres. The contract limits the Contractor's liability to $15 million for direct damages and excludes liability for punitive or consequential damages.