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EMERGENCY CONTRACT <br /> MEMORANDUM OF UNDERSTANDING <br /> SUPPLEMENTAL TO FRANCHISE AGREEMENT <br /> [HURRICANE WILMA] <br /> This Memorandum Of Understanding Supplemental to Franchise Agreement <br /> (" Memorandum of Understanding ") bears an effective date of October 27 , 2005 by and <br /> between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a dependent <br /> special district of Indian River County, Florida , (" District") , and WASTE MANAGEMENT INC . <br /> OF FLORIDA , (" Franchisee") . <br /> BACKGROUND RECITALS : <br /> A . The District and Franchisee are parties to that certain Franchise Agreement <br /> dated September 3 , 2002 (the "Agreement") ; <br /> B . The Governor of the State of Florida has issued Executive Order No . 2005-219 <br /> declaring a state of emergency for the State of Florida until December 18 , 2005 ; <br /> C . The Indian River County Board of County Commissioners , sitting as the Board of <br /> Commissioners of the Emergency Services District of Indian River County, has the authority <br /> to issue orders and rules during the period of the declared emergency and Indian River <br /> County Resolution 2005 - 176 , adopted October 20 , 2005 , delegated the authority to declare <br /> a State of Local Emergency to the County Administrator ; <br /> D . Indian River County Resolution 2005 - 177 , executed October 23 , 2005 at 12 : 00 <br /> pm by the County Administrator, declared a State of Local Emergency in Indian River <br /> County for seven (7) days , unless further extended ; <br /> E . By operation of law, the aforementioned Executive Order, Florida Statutes <br /> sections 252 . 36 , 252 . 38 , and 252 .46 , and Indian River County Resolutions 2005 — 176 and <br />