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Home My WebLink About2004-226 ' L( - 22� EMERGENCY CONTRACT MEMORANDUM OF UNDERSTANDING SUPPLEMENTAL TO FRANCHISE AGREEMENT [HURRICANE JEANNE] This Memorandum Of Understanding Supplemental to Franchise Agreement ("Memorandum of Understanding) bears an effective date of September 27 , 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 , 04-206 , and 04-217 declaring a state of emergency for the State of Florida until November 24 , 2004 ; C . By operation of law, the aforementioned Executive Orders, Florida Statutes sections 252 . 36 , 252 . 38 , and 252 .46 , and Indian River County Resolution 2004- 118 , 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 Jeanne ; and F . Franchisee desires to provide those services to the District. G . The District and the Franchisee have previously entered into a Memorandum of Understanding Supplemental to Franchise Agreement with respect to Hurricane Frances that bears an effective date of September 6 , 2004 . C:Wocuments and Settings\pkratrnan.SWDDXLocal Settings\Temporary Internet Files\OLOMEMERG K MOU SUPPLEMENTAL 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 . DEBRIS AND SERVICES . At the District's request, Franchisee will perform the following services : a) Collection of Hurricane Jeanne 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 Jeanne Generated Debris to a DEP permitted Class I and/or construction and demolition debris {C& D} 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 Jeanne 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 Jeanne 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 2 C:1Documents and SettingsVkratman.SW=Loca1 Settings\Temporary Internet Files\OLK461EMERG K MOU SUPPLEMENTAL i such period as is necessary or convenient to dispose of all Hurricane Jeanne Generated Debris in the District but not longer than six months from the date hereof. 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 By: . act Jose h A. Baird Indian River County Administrator and Indian River County Emergency Services District Director Date : / Q - / - D Witness : WASTE MANAGEMENT INC . OF FLORID By: rge eletko , Florida Government Affairs Director 3 C:\Documents and Settinga\pkratman. SWDD\Loca1 Settings\Temporary Internet Files\OLK46\EMERG K MOU SUPPLEMENTAL 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 Jeanne Generated Debris to Florida DEP permitted $ 15 . 00 per cubic yard Class I and/or construction and demolition debris {C& D} landfill (does not include disposal) Vegetative waste consolidation and reduction (grinding and chipping) $5 . 00 per cubic yard Mixed Hurricane Jeanne 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) Price to grind and transport off site the vegetative storm debris delivered to the Indian River County Fairgrounds by Indian River County residents : $5 . 00 grinding and $3 . 00 for off-site transportation and recycling (disposal) for a total cost of $8 . 00 cubic yard . 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. C:\Documents and Settings\pkratman . SWDD\Local Settings\Temporary Internet Files\OLK46\EMERG K MOU SUPPLEMENTAL