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This Franchise Agreement ("Agreement") is hereby made and entered into this 21st day of April 2015, between
<br />Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida,
<br />whose address is c/o Indian River County Utilities Department, 1801 27th Street, Vero Beach, Florida, 32960, and
<br />Waste Management, Inc. of Florida, a Florida Corporation, whose address is 2700 Wiles Road, Pompano Beach,
<br />Florida 33073 ("Franchisee"), for the services set forth herein.
<br />ARTICLE 1. DEFINITIONS
<br />To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state,
<br />or local law, the definition herein shall prevail for the purposes of this Franchise Agreement. However, nothing
<br />contained herein shall be interpreted to require Franchisee to undertake any conduct that is prohibited by Applicable
<br />Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the
<br />corresponding masculine, feminine and neuter forms and the singular shall include the plural and vice versa.
<br />Applicable Law shall mean all applicable federal and State of Florida laws, local (municipal and county) ordinances,
<br />and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this
<br />Agreement.
<br />Biological Waste shall mean Solid Waste that causes or has the capability of causing disease or infection and
<br />includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting
<br />pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed
<br />under chapter 497, Florida Statutes.
<br />Biomedical Waste shall mean any Solid Waste or liquid waste that may present a threat of infection to humans. The
<br />term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which
<br />contain human disease -causing agents; discarded disposable sharps; human blood, and human blood products and
<br />body fluids; and other materials which in the opinion of the Florida Department of Health represent a significant risk
<br />of infection to persons outside the generating facility. The term does not include human remains that are disposed
<br />of by persons licensed under Chapter 497, Florida Statutes.
<br />Board shall mean the Board of County Commissioners of Indian River County, Florida.
<br />Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged or bundled, or whose large size
<br />or weight precludes its handling, processing, or disposal by normal methods. Bulk Trash does not include Hazardous
<br />Waste.
<br />Change in Law shall mean (i) the adoption, promulgation, or modification after the Effective Date of any law,
<br />regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the
<br />Effective Date; or (ii) the imposition of any material conditions in connection with the issuance, renewal, or
<br />modification of any permit, license, or approval after the Effective Date, which in the case of either (i) or (ii)
<br />establishes requirements affecting Franchisee's operation under this Agreement more burdensome than the
<br />requirements that are applicable to Franchisee in effect as of the Effective Date. A change in any federal, state,
<br />county, or other tax law or worker's compensation law shall not be a Change in Law. However, in the event that a
<br />federal, state, or local entity imposes a fee, charge, or tax after the Effective Date that applies to Franchisee's
<br />operations per se, such fee, charge, or tax shall be treated as a Change in Law.
<br />Commencement Date shall mean October 1, 2015, the date services pursuant to the Agreement shall commence.
<br />Commercial Collection Service shall mean the collection of Solid Waste within the Solid Waste Franchise Area from
<br />Commercial Properties and Multi -Family or Residential Units choosing not to have curbside Residential Collection
<br />Service, and delivery of Solid Waste to the Designated Facility. Commercial Collection Service includes collection of
<br />C&D in containers fifteen cubic yards and greater (>_15CY) in size.
<br />Commercial Customers shall mean any person receiving Commercial Collection Service.
<br />Commercial Property shall mean property or properties zoned or used for commercial or industrial uses, or used by
<br />an entity exempt from taxation under s. 501(c)(3) of the Internal Revenue Code, and excludes property or properties
<br />zoned or used for single-family residential or multi -family residential uses.
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