HomeMy WebLinkAbout2005-360 EMERGENCY CONTRACT
MEMORANDUM OF UNDERSTANDING
SUPPLEMENTAL TO FRANCHISE AGREEMENT
[HURRICANE WILMA]
This Memorandum Of Understanding Supplemental to Franchise Agreement
(" Memorandum of Understanding " ) bears an effective date of October 27 , 2005 by and
between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a dependent
special district of Indian River County , Florida , (" District" ) and Republic Services of Florida ,
L . P . d/b/a Treasure Coast Refuse , a Delaware Limited Partnership , whose address is 3905
Oslo Road , Vero Beach , Florida 32968 (" Franchisee" ) .
BACKGROUND RECITALS :
A . The District and Franchisee are parties to that certain Franchise Agreement
dated September 3 , 2002 (the "Agreement" ) ;
B . The Governor of the State of Florida has issued Executive Order No . 2005-219
declaring a state of emergency for the State of Florida until December 18 , 2005 ;
C . The Indian River County Board of County Commissioners , sitting as the Board of
Commissioners of the Emergency Services District of Indian River County, has the authority
to issue orders and rules during the period of the declared emergency and Indian River
County Resolution 2005 - 176 , adopted October 20 , 2005 , delegated the authority to declare
a State of Local Emergency to the County Administrator;
D . Indian River County Resolution 2005 - 177 , executed October 23 , 2005 at 12 : 00
pm by the County Administrator, declared a State of Local Emergency in Indian River
County for seven (7 ) days , unless further extended ;
E . By operation of law, the aforementioned Executive Order, Florida Statutes
sections 252 . 36 , 252 . 38 , and 252 . 46 , and Indian River County Resolutions 2005 — 176 and
2005- 177 , the Indian River County Board of County Commissioners has the authority to ,
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issue orders and rules during the period of the declared emergency , and has delegated the
ability to issue Emergency Orders and Emergency Contracts for Indian River County and the
Indian River County Solid Waste Disposal District to the County Administrator;
F . Paragraph 13 . 17 of the Agreement contains provisions with respect to natural
disasters and other emergency conditions ;
G . The District desires to supplement the Agreement as set forth herein to provide
solely for additional residential Garbage collection , transportation , and/or disposal services
for hurricane-generated residential Garbage in connection with Hurricane Wilma by
authorizing the collection by Franchisee of residential Garbage collection , transportation ,
and/or disposal services for all residences within the unincorporated areas of Indian River
County , whether or not any such residence has a subscription contract with Franchisee for
collection ; and
H . Franchisee desires to provide the additional Garbage service to the District .
NOW, THEREFORE , FOR AND IN CONSIDERATION of the respective covenants
herein contained , the parties agree as follows :
1 . RECITALS . The foregoing recitals are agreed by the parties to be true and
correct in all respects . Capitalized terms herein shall have the meanings set forth in the
Agreement .
2 . GARBAGE SERVICE . At the District' s request, Franchisee will perform the
following service : Accelerated collection and disposal of Garbage from subscription and
non -subscription residential customers in the District. The quantity of Garbage collected
from non -subscription residential customers shall be determined by taking a baseline of
average collections for the 13 week period prior to Hurricane Wilma and comparing it to the
collections made at the District' s request for accelerated collection . The difference shall be
compensated by the District pursuant to the terms of this Memorandum of Understanding .
Franchisee will bill the District separately for the Garbage collection services set forth in this
subsection .
3 . COMPENSATION . District shall pay Franchisee at the rate of $ 15 . 45 per
cubic yard for the Garbage service set forth herein , based on a differential tonnage basis .
District and Franchisee acknowledge and agree that calculations shall be based on 4 cubic
yards to 1 ton ratio .
4 . TERM . The term of this Memorandum of Understanding shall continue for
such period as is necessary or convenient to collect and dispose of all Hurricane Wilma-
generated Garbage in the District but not longer than six months from the date hereof.
District and Franchisee acknowledge and agree that the District shall send a termination
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notice to Franchisee that sets forth the date that Garbage collection services under this
Memorandum of Understanding shall cease .
5 . CONFLICT . Except as supplemented herein , the terms and conditions of the
Agreement shall remain in full force and effect . To the extent of any conflict between the
terms of this Memorandum of Understanding and the terms of the Agreement , the terms of
this Memorandum of Understanding shall control . Pursuant to the Agreement , section
3 . 24 sets forth the definition of "Garbage" as "all kitchen and table food waste , and any
animal , vegetative , food or other organic waste that is attendant with or results from the
storage , preparation , cooking or handling of food materials " .
IN WITNESS WHEREOF , this Memorandum of Understanding is executed by the
authorized representatives of the parties as of the day and year first above written .
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
By :
Jose h A . aird
Indian River County Administrator
Date : 167 - dg - �
Witness : FRANCHISEE :
REPUBLIC SERVICES OF FLORIDA , L . P .
D/B/A TREASURE COAST REFUSE ,
a Delaware Limited a ip ,
By
Todd Wes over
General Manager
Zed to f rm a I nc
Marian E . Fell , Assi ant County Attorney
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