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EMERGENCY CONTRACT
MEMORANDUM OF UNDERSTANDING
SUPPLEMENTAL TO FRANCHISE AGREEMENT
This Memorandum Of Understanding Supplemental to Franchise Agreement
(" Memorandum of Understanding " ) bears an effective date of September 6 , 2004 by and
between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT , a dependent
special district of Indian River County , Florida , (" District" ) , and WASTE MANAGEMENT INC .
OF FLORIDA , (" 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 Orders Nos . 04- 192 and
04-206 declaring a state of emergency for the State of Florida until November 10 , 2004 ;
C . By operation of law, the aforementioned Executive Orders , Florida Statutes sections
252 . 36 , 252 . 38 , and 252 .46 , and Indian River County Resolutions 2004 - 95 and 2004 — 096 ,
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 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;
D . Paragraphs 13 . 17 ; 13 . 17 . 1 ; 13 . 17 . 2 and 13 . 18 of the Agreement contain provisions
with respect to natural disasters and other emergency conditions ;
E . The District desires to supplement the Agreement as set forth herein to provide for
additional residential cleanup and debris removal services collection , transportation , and/or
disposal services for such hurricane generated debris in connection with Hurricane Frances ;
and
F . Franchisee desires to provide those services to the District .
NOW, THEREFORE , FOR AND IN CONSIDERATION of the respective covenants
herein contained , the parties agree as follows :
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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 . DEBRIS AND SERVICES . At the District' s request, Franchisee will perform the
following services :
a ) Collection of Hurricane Frances Generated Debris (as herein defined ) on the
streets and rights of ways of the District and Indian River County and transport same to the
District's designated temporary storage and reduction sites . Unless otherwise specified , this
service does not include disposal .
b ) Transportation and disposal of Hurricane Frances Generated Debris to a DEP
permitted Class I landfill , which may include Okeechobee Landfill .
c) Volume reduction (chipping/grinding ) of vegetative waste at the District' s temporary
storage and reduction sites . Franchisee will recycle the resulting mulch at no cost to the District
or Indian River County
d ) Hurricane Frances Generated Debris is nonputrescible debris from the storm that is
primarily composed of vegetative debris but may contain construction and demolition debris
and Class III solid waste but does not contain Class I solid waste nor any regulated quantity of
medical , hazardous or special waste . All debris collected by Franchisee shall be done so in
compliance with applicable law. Debris that is contaminated with Class I waste must be
disposed at a Class I landfill .
e ) Accelerated collection and disposal of Class I waste from subscription and non-
subscription customers in the District . The quantity of Class I waste collected from non -
subscription customers shall be determined by taking a baseline of average collections for the
13 week period prior to Hurricane Frances 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 Exhibit A attached hereto and by this reference made a part hereof. Franchisee will
bill separately for the collection services set forth in this subsection .
3 . COMPENSATION . District shall pay Franchisee the rates for services set forth
in Exhibit A pursuant to the terms set forth therein . The actual volume of the loads invoiced
pursuant to a yardage rate shall be confirmed by the District' s monitor and verified by
Franchisee ' s authorized representative .
4 . TERM . The term of this Memorandum of Understanding shall continue for such
period as is necessary or convenient to dispose of all Hurricane Frances Generated Debris in
the District but not longer than six months from the date hereof.
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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 .
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 , nunc pro
tunc .
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
XNA
TO FORM
FICIE By: Jos ph A . Baird
Indian River County Administrator
YATTORNEY and Indian River County Emergency
Services District Director
Date : /
Witness : WASTE ANAGE ENT C . OF FLORIDA
�. By:
e rge Gdifetko ,
Florida Government
Affairs Director
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EXHIBIT A
Debris removal and transportation of uncontaminated
vegetative waste to Florida DEP permitted landfill $ 15 . 00 per cubic yard
(does not include disposal )
Debris removal and transportation of mixed Hurricane
Frances Generated Debris to Florida DEP permitted $ 15 . 00 per cubic yard
Class I landfill (does not include disposal )
Vegetative waste consolidation and reduction (grinding
and chipping ) $ 5 . 00 per cubic yard
Mixed Hurricane Frances Generated Debris disposal at
Okeechobee Landfill $24 . 00 per ton
Uncontaminated vegetative waste disposal at
Okeechobee Landfill $24 . 00 per ton
Compacted Class I from accelerated collections $ 15 . 00 per cubic yard
with rear-end load vehicles
(4 cubic yards to 1 ton ratio )
Franchisee shall tender to District a statement of the compensation due Franchisee on a
weekly basis , segregated as may be required by FEMA and the District. District shall pay the
statement biweekly. It is understood that the District's failure to receive monies from FEMA or
other agencies shall not abrogate District' s obligation to pay Franchisee for services rendered
hereunder. In any event, all monies due Franchisee hereunder shall be paid in full within 45
days after completion of disposal activities by Franchisee in accordance with the Florida
Prompt Payment Act.
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