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L <br /> / v <br /> Dq - ZIZ � <br /> EMERGENCY CONTRACT <br /> MEMORANDUM OF UNDERSTANDING <br /> SUPPLEMENTAL TO FRANCHISE AGREEMENT <br /> This Memorandum Of Understanding Supplemental to Franchise Agreement <br /> (" Memorandum of Understanding " ) bears an effective date of September 6 , 2004 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 dated <br /> September 3 , 2002 (the "Agreement" ) ; <br /> B . The Governor of the State of Florida has issued Executive Orders Nos . 04- 192 and <br /> 04-206 declaring a state of emergency for the State of Florida until November 10 , 2004 ; <br /> C . By operation of law, the aforementioned Executive Orders , Florida Statutes sections <br /> 252 . 36 , 252 . 38 , and 252 .46 , and Indian River County Resolutions 2004 - 95 and 2004 — 096 , <br /> 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 to <br /> issue orders and rules during the period of the declared emergency , and has delegated the <br /> ability to issue Emergency Orders and Emergency Contracts for Indian River County and the <br /> Indian River County Solid Waste Disposal District to the County Administrator; <br /> D . Paragraphs 13 . 17 ; 13 . 17 . 1 ; 13 . 17 . 2 and 13 . 18 of the Agreement contain provisions <br /> with respect to natural disasters and other emergency conditions ; <br /> E . The District desires to supplement the Agreement as set forth herein to provide for <br /> additional residential cleanup and debris removal services collection , transportation , and/or <br /> disposal services for such hurricane generated debris in connection with Hurricane Frances ; <br /> and <br /> F . Franchisee desires to provide those services to the District . <br /> NOW, THEREFORE , FOR AND IN CONSIDERATION of the respective covenants <br /> herein contained , the parties agree as follows : <br /> 1 <br />