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2008-319
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2008-319
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Last modified
4/13/2016 11:04:12 AM
Creation date
10/1/2015 12:41:47 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
09/23/2008
Control Number
2008-319
Agenda Item Number
15.B.1
Entity Name
Republic Services of Florida LP
Subject
Amendment to Ordinance 912.17 Parking and Storage Vehicles
Part 1
Alternate Name
Treasure Coast Refuse
Supplemental fields
SmeadsoftID
7619
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set forth in Franchisee 's justification for rate adjustment. The Franchisee and the Board <br /> acknowledge and agree that: (i) this Third Amendment shall be approved following a duly- <br /> noticed public hearing, as required by the former section 12. 3 of the Agreement; (ii) the <br /> public hearing was required by the adjustment in calculation of the CPI and Fuel charge,- <br /> and <br /> harge,and (iii) due to the changes made to the Agreement by this Third Amendment, <br /> no public <br /> hearing is required for any future Collection Rate Adjustments as contemplated in this <br /> Third Amendment. <br /> 20 . From and after the effective date of this Third Amendment , the existing <br /> Sections 13 . 17 . 2 and 13 . 18 of the Agreement deleted in their entirety and replaced with <br /> the following : <br /> 13. 17. 2. Rapid Recovery from Disaster. The clean-up from some natural disasters <br /> may require that the Franchisee hire additional equipment, employ additional personnel, or <br /> work existing personnel on overtime hours to clean debris resulting from the natural disaster. <br /> The Franchisee acknowledges that the County has entered into one or more stand-by <br /> contracts for debris removal in the event of a natural disaster or Uncontrollable Force. <br /> Therefore, there is no guarantee that Franchisee will be authorized to provide such clean-up <br /> services. The Franchisee shall not receive any extra compensation (i. e. , above the normal <br /> compensation provided in this Agreement) to recover the costs of rental equipment, <br /> additional personnel, overtime hours, or other expenses unless the Franchisee has received <br /> written authorization and approval from the County Administrator acting as the Indian River <br /> County Emergency Services District Director, or designee, prior to such work being <br /> performed, and promptly thereafter entered into a written Emergency Contract Memorandum <br /> Of Understanding Supplemental to Franchise Agreement signed by the Indian River County <br /> Administrator, acting as the Indian River County Emergency Services District Director and the <br /> Franchisee. Any and all such costs shall be audited by the County or the District prior to <br /> payment. <br /> 13. 18. Disaster Response Plan . The Franchisee shall develop and provide to the County <br /> a written disaster preparedness and response plan by March 31 of each year ("Disaster <br /> Plan ") . This Disaster Plan shall include provisions for additional personnel and equipment, <br /> and shall establish a reasonable, verifiable basis for any charges associated therewith . <br /> The District shall coordinate with Franchisee if a disaster should require temporary closure, <br /> or modification to the hours of operation of the District Landfill. In the event that excess <br /> work resulting from a natural disaster ("Disaster Work") is compensable by the Federal <br /> Emergency Management Agency ("FEMA "), any such compensation to the Franchisee <br /> shall be subject to FEMA 's prior approval pursuant to FEMA requirements. In the event <br /> that excess work resulting from a natural disaster ("Disaster Work") is compensable by <br /> any other local, state, or federal agency, any such compensation to the Franchisee shall <br /> be subject to such agency's prior approval, as set forth in section 13. 17. 2. The Franchisee <br /> shall be familiar with FEMA documentation requirements, including, without limiting the <br /> generality of the foregoing, rules, regulations, and guidelines applicable to FEMA 's Public <br /> Assistance Program for Debris Removal, as such requirements change from time to time. <br /> Franchisee shall maintain complete and accurate records of any and all such Disaster <br /> Work and provide all required and necessary documentation for submission of cost <br /> reimbursement requests. The Franchisee shall be required to submit its FEMA <br /> documentation of costs to the District as a condition of payment for additional personnel <br /> and equipment pursuant to this section . <br /> 10 <br />
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