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EMERGENCY CONTRACT <br /> MEMORANDUM OF UNDERSTANDING <br /> SUPPLEMENTAL TO FRANCHISE AGREEMENT <br /> [ HURRICANE JEANNE ] <br /> This Memorandum Of Understanding Supplemental to Franchise Agreement <br /> ( " Memorandum of Understanding " ) bears an effective date of September 27 , 2004 by and <br /> between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a dependent <br /> special district of Indian River County , Florida , (" District" ) , and Republic Services of Florida , <br /> L . P . d/b/a Treasure Coast Refuse , a Delaware Limited Partnership , whose address is 3905 <br /> Oslo Road , Vero Beach , Florida 32968 ( " 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 , 04- <br /> 206 , and 04-217 declaring a state of emergency for the State of Florida until November 24 , <br /> 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 Resolution 2004- 118 , the Indian River <br /> County Board of County Commissioners sitting as the Board of Commissioners of the <br /> Emergency Services District of Indian River County has the authority to issue orders and rules <br /> during the period of the declared emergency, and has delegated the ability to issue Emergency <br /> Orders and Emergency Contracts for Indian River County and the Indian River County Solid <br /> 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 Jeanne ; <br /> and <br /> F . Franchisee desires to provide those services to the District . <br /> G . The District and the Franchisee have previously entered into a Memorandum of <br /> Understanding Supplemental to Franchise Agreement with respect to Hurricane Frances that <br /> bears an effective date of September 6 , 2004 . <br /> C :\Documents and Settings\westovert\My Documents\TCR Files\Hurricane\EMERG KJeanne MOU SUPPLEMental TO FRANCH AGREE <br /> Treasure Coast. doc <br />