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Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement 22.2.2. If a rate adjustment is requested, the calculation shall be made as specified in Exhibit 4 and shall not exceed five percent (5%) or as approved by SWDD Board. 22.2.3. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued. 22.3. Change in Law Rate Adjustment 22.3.1. Franchisee may petition the SWDD for an additional rate adjustment resulting from a Change in Law. The Franchisee's request shall contain substantial proof and justification to support the need for the rate adjustment. The SWDD may request from the Franchisee such further information as may be reasonably necessary in making its determination. Within sixty (60) Days of receipt of the request and all other additional information required by the SWDD, the Contract Manager shall make a determination regarding the fairness of the request and shall make a recommendation to the Board. The Board shall consider the request at a regularly scheduled meeting. If the Board approves the request, adjusted rates shall become effective upon the Board's approval. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued. 22.4. Limitation on Rate Chan 22.4.1. Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state, or local entity imposes a fee, charge, or tax after October 1, 2025, that applies to Franchisee's operations, such fee, charge, or tax shall be treated as a Change in Law and shall be passed through as a separate billed item after notice to, and confirmation by, the SWDD Board. 22.5. Billine and Pavment 22.5.1. Residential Collection Service SWDD shall provide Franchisee with the final count each month of customers receiving Residential Collection Service. Franchisee shall then submit an invoice to the SWDD each month for Residential Collection Service provided during the immediately preceding month according to final customer count provided by SWDD. SWDD shall make payment to the Franchisee for all undisputed amounts in accordance with the Florida Prompt Payment Act upon verification by the SWDD staff of the invoice submitted. 22.5.2. Residential Recyclables Collection Service SWDD shall provide Franchisee with the final count each month of customers receiving Residential Recyclables Collection Service. Franchisee shall then submit an invoice to the SWDD each month for Residential Recyclables Collection Service provided during the immediately preceding month according to final customer count provided by SWDD. SWDD shall make payment to the Franchisee for all undisputed amounts in accordance with the Florida Prompt Payment Act upon verification by the SWDD staff of the invoice submitted. 22.5.3. Commercial Collection Service Billing of Commercial Collection Service shall be the sole responsibility of Franchisee. Invoicing shall be monthly in advance of services rendered, with the exception of roll -off pull and disposal charges which shall be billed in arrears. Franchisee may discontinue service to a Commercial Customer upon non- payment for two (2) consecutive months. Franchisee shall notify Contract Manager of intention to discontinue service due to non-payment. ARTICLE 23. EMERGENCY SERVICES 23.1. Contingency and Continuity of Operations Plan Franchisee shall develop a plan in the event that a storm event or emergency situation renders Franchisee's operations yard and/or equipment unusable for a period of time that would interrupt Collection Services (Contingency & Continuity of Operations Plan (i.e., Disaster Response Plan). The Plan shall outline the process by which Franchisee shall avoid interruption in Collection Services, including extra staffing, equipment, and 37