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Indian River County Solid Waste Disposal District
<br />Solid Waste and Recyclables Franchise Agreement
<br />Substandard Road shall mean a local, rural road or residential street which serves primarily to provide access to the
<br />farms, residences, business or other abutting properties with a low average daily traffic (ADT) volume and short average
<br />trip lengths. Although local roads and streets may be planned, constructed and operated with such the predominant
<br />function of providing access to adjacent property, some local, rural roads and streets serve a limited amount of through
<br />traffic and may be graded, gravel or unimproved. Such roads may also include geometric design and traffic control
<br />features more typical of collectors and arterials to encourage the safe movement of through traffic. On these roads the
<br />traffic is local in nature and extent rather than regional, intrastate or interstate.
<br />Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its
<br />obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes,
<br />but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism,
<br />sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an
<br />Uncontrollable Force.
<br />White Goods shall mean inoperative or discarded appliances including, but not limited to, air conditioners, heaters,
<br />refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances.
<br />Yard Waste shall mean vegetative matter resulting from yard and landscaping maintenance, including leaves, grass
<br />clippings, shrubbery cuttings, palm fronds, tree branches and other similar matter generated by a customer at a
<br />residential unit in the franchise service area. Yard Waste is limited to that which meets proper set -out specifications
<br />fitting into 96 -gallon containers provided by the County. Such items collected by Commercial Lawn Care Service shall not
<br />be considered Yard Waste for the purposes of the Agreement. Tree limbs exceeding three (3) inches in diameter and/or
<br />chipped tree materials are not considered part of the residential or commercial Yard Waste service. These materials must
<br />be brought to the County Landfill as they are considered chargeable items.
<br />ARTICLE 2. TERM
<br />2.1. Effective and Commencement Dates
<br />The Effective Date is the date the Agreement is executed and has been signed by the SWDD or Franchisee,
<br />whichever date is later. The Commencement Date is the date that collection services required by this Agreement
<br />shall commence. The Commencement Date shall be October 1, 2025.
<br />2.2. Initial Term
<br />The term of this Agreement shall be for a period of five (5) years beginning on the Commencement Date, October
<br />1, 2025, and terminating on September 30, 2030.
<br />2.3. Renewal Option
<br />At the sole option of the SWDD, this Agreement may be renewed for one (1) additional term of three (3) years
<br />under the same terms and conditions as the initial term, including amendments. The Franchisee shall be notified
<br />by SWDD no later than September 30, 2029, of its intent to renew or not to renew the Agreement. If renewed,
<br />per a written and executed extension agreement, the additional three (3) year term will begin on October 1,
<br />2030, and terminate on September 30, 2033.
<br />Following the initial three (3) year renewal term, this Agreement may be renewed for one (1) additional term of
<br />two (2) years under the same terms and conditions as the initial renewal term, including amendments, as a
<br />mutual option between the SWDD and Franchisee. The SWDD and the Franchisee shall notify one another no
<br />later than March 31, 2032, of their intent to renew or not to renew the Agreement. If renewed, per a written
<br />and executed extension agreement, the additional two (2) year term will begin on October 1, 2033, and
<br />terminate on September 30, 2035.
<br />2.4. Customer Service Contracts
<br />The term of any contract between a Customer and Franchisee for a Collection Service, disposal and/or related
<br />service, not including non-exclusive services, shall not extend past the term of the Agreement.
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