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Indian River County Solid Waste Disposal District
<br />Solid Waste and Recyclables Franchise Agreement
<br />This Franchise Agreement (Agreement) is hereby made and entered into [ ], between Indian River
<br />County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida, whose address
<br />is c/o Indian River County Utilities Department, 1801 27`h Street, Vero Beach, Florida 32960, and Waste Management,
<br />Inc. of Florida (Franchisee), a Florida Corporation, whose address is 4310 77`h Street, Vero Beach, Florida 32967. All terms
<br />and conditions set forth in #RFP2024020 and the submittal specifications received from and by Waste Management Inc.
<br />of Florida as a response to RFP#2024020 are incorporated by reference and hereto attached at Exhibit 9. Any
<br />inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i)
<br />this Agreement and subsequent Amendments, and (ii) RFP#2024020.
<br />ARTICLE 1. DEFINITIONS
<br />To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or
<br />local law, the definition herein shall prevail for the purposes of this Franchise Agreement. However, nothing contained
<br />herein shall be interpreted to require Franchisee to undertake any conduct that is prohibited by Applicable Law.
<br />Applicable Law shall mean all applicable federal and State of Florida laws, local (municipal and county) ordinances, and
<br />the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Agreement.
<br />Audited Financial Statement shall reference a collection of the following as they are defined by the American Institute
<br />of Certified Public Accountants: accountants' report (opinion), balance sheet, profit/loss statement, changes in financial
<br />position/cash flow statement, notes to the financial statement, accountants' report on supplemental information and
<br />supplemental information.
<br />Automated Collection means the method of Collection that utilizes collection vehicles that are equipped with mechanical
<br />systems to lift a Collection Roll Cart to empty the contents into a collection vehicle.
<br />Biological Waste shall mean that as defined in section 403.703, F.S. as amended and provided here: Solid Waste that
<br />causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased
<br />or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include
<br />human remains that are disposed of by persons licensed under chapter 497.
<br />Biomedical Waste shall mean that as defined in section 403.703, F.S. as amended and provided here: Any Solid Waste or
<br />liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human
<br />tissue and body parts; laboratory and veterinary waste which contain human disease -causing agents; discarded
<br />disposable sharps; human blood, and human blood products and body fluids; and other materials which in the opinion of
<br />the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The
<br />term does not include human remains that are disposed of by persons licensed under Chapter 497.
<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 or
<br />weight precludes its handling, processing, or disposal by normal methods. Bulk Trash shall include, but not be limited to,
<br />furniture, White Goods, grills, lawn equipment, furnaces, and bicycles, excluding carpet/rugs, vehicular tires up to 25"
<br />inches diameter which may be on or off the wheel rim, motor vehicles or similar property not having a useful purpose to
<br />the owner or abandoned by the owner and not included within the definitions of garbage, Yard Waste per week.
<br />Definition does not include Hazardous Waste or Construction and Demolition debris.
<br />Change in Law shall mean (i) the adoption, promulgation, or modification after the Effective Date of any law, regulation,
<br />order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the Effective Date; or (ii)
<br />the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license,
<br />or approval after the Effective Date, which in the case of either (i) or (ii) establishes requirements affecting Franchisee's
<br />operation under this Agreement more burdensome than the requirements that are applicable to Franchisee in effect as
<br />of the Effective Date. A change in any federal, state, county, or other tax law or worker's compensation law shall not be
<br />a Change in Law. However, in the event that a federal, state, or local entity imposes a fee, charge, or tax after the Effective
<br />Date that applies to Franchisee's operations per se, such fee, charge, or tax shall be treated as a Change in Law.
<br />Clamshell, Claw or Grapple Trucks enable the collection of Bulk Trash and/or Yard Waste. A large percentage of items in
<br />the solid waste stream are too large or too heavy to be safely lifted by hand into traditional garbage trucks. The preferred
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