2008-320 - Laserfiche WebLink

Home Browse Search

set forth in Franchisee's justification for rate adjustment. The Franchisee and the Board acknowledge and agree that: (i) this Third Amendment shall be approved following a duly - noticed public hearing, as required by the former section 12.3 of the Agreement; (ii) the public hearing was required by the adjustment in calculation of the CPI and Fuel charge; and (iii) due to the changes made to the Agreement by this Third Amendment, no public hearing is required for any future Collection Rate Adjustments as contemplated in this Third Amendment. 20. From and after the effective date of this Third Amendment, the existing Sections 13.17.2 and 13.18 of the Agreement deleted in their entirety and replaced with the following: 13.17.2. Rapid Recovery from Disaster. The clean-up from some natural disasters may require that the Franchisee hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Franchisee acknowledges that the County has entered into one or more stand-by contracts for debris removal in the event of a natural disaster or Uncontrollable Force. Therefore, there is no guarantee that Franchisee will be authorized to provide such clean-up services. The Franchisee shall not receive any extra compensation (ie., above the normal compensation provided in this Agreement) to recover the costs of rental equipment, additional personnel, overtime hours, or other expenses unless the Franrhisee has received written authorization and approval from the County Administrator acting as the Indian River County Emergency Services District Director, or designee, prior to such work being performed, and promptly thereafter entered into a written Emergency Contract Memorandum Of Understanding Supplemental to Franchise Agreement signed by the Indian River County Administrator, acting as the Indian River County Emergency Services District Director and the Franchisee. Any and all such costs shall be audited by the County or the District prior to payment. 13.18. Disaster Response Plan. The Franchisee shall develop and provide to the County a written disaster preparedness and response plan by March 31 of each year ("Disaster Plan'). This Disaster Plan shall include provisions for additional personnel and equipment, and shall establish a reasonable, verifiable basis for any charges associated therewith. The District shall coordinate with Franchisee if a disaster should require, temporary closure, or modification to the hours of operation of the District Landfill. In the event that excess work resulting from a natural disaster ("Disaster Work') is compensable by the Federal Emergency Management Agency ("FEMA'), any such compensation to the Franchisee shall be subject to FEMA's prior approval pursuant to FEMA requirements. In the event that excess work resulting from a natural disaster ("Disaster Work') is compensable by any other local, state, or federal agency, any such compensation to the Franchisee shall be subject to such agency's prior approval, as set forth in section 13.17.2. The Franchisee shall be familiar with FEMA documentation requirements, including, without limiting the generality of the foregoing, rules, regulations, and guidelines applicable to FEMA's Public Assistance Program for Debris Removal, as such requirements change from time to time. Franchisee shall maintain complete and accurate records of any and all such Disaster Work and provide all required and necessary documentation for submission of cost reimbursement requests. The Franchisee shall be required to submit its FEMA documentation of costs to the District as a condition of payment for additional personnel and equipment pursuant to this section. ILI