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Indian River County Solid Waste Disposal District
<br />Solid Waste and Recyclables Franchise Agreement
<br />County shall mean Indian River County, Florida, County government, its officers, agents, and employees.
<br />Curbside shall mean the placement within three feet from the nearest public or private way, or in the case of a drainage
<br />ditch, at a point within said dimensions adjacent to the nearest driveway within Customer's own property boundary
<br />extended through the right-of-way to the road or agreed upon location by Customer, County, and Franchisee.
<br />Curbside Service Container shall mean Roll Carts, Recycling Carts, and Yard Waste Roll Carts. Carts may not exceed their
<br />manufactured capacity limits.
<br />Customer shall mean any person defined as a Commercial Customer or as a Residential Customer, as provided to
<br />Franchisee by SWDD.
<br />Day shall mean calendar day unless otherwise noted in the Agreement.
<br />Deliverable shall mean the result(s) or end products or services that meet the requirements and functional parameters
<br />articulated in the Scope of Services/Work for this Agreement including but not limited to services, reports, written
<br />documentation, training, systems, or processes.
<br />Designated Solid Waste, Yard Waste and Recyclables Transfer Facility shall mean the Indian River County Solid Waste
<br />Disposal District Facility, or other facility as designated by SWDD.
<br />Disaster shall mean any natural, technological, or civil emergency that causes damage of sufficient severity and
<br />magnitude to result in a declaration of a state of emergency by the Board, the Governor, or the President of the United
<br />States.
<br />Disaster Debris shall reference scattered items and materials either broken, destroyed, or displaced by a Disaster,
<br />including, but not limited to, trees and woody debris, construction and demolition materials, personal property and/or
<br />mud, silt, gravel and sediment.
<br />District (SWDD) shall reference the Indian River County Solid Waste Disposal District (SWDD), a dependent special district
<br />of Indian River County, Florida.
<br />Effective Date shall mean the date this Agreement has been fully executed by both the SWDD and Franchisee.
<br />Franchise Agreement or Agreement shall mean this Franchise Agreement between SWDD and Franchisee, together with
<br />all exhibits and other documents that are expressly incorporated by reference.
<br />Hazardous Waste shall mean that as defined in section 403.703, F.S. as amended and provided here: Solid Waste, or
<br />combination of Solid Wastes, which because of its quantity, concentration, or physical, chemical or infectious
<br />characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or
<br />incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment
<br />when improperly transported, disposed of, treated, or otherwise managed. The term does not include human remains
<br />that are disposed of by persons licensed under chapter 497. In addition to the foregoing definition, any material or
<br />substance identified in the Florida Administrative Code Rule 62-730, and 40 Code of Federal Regulation, Part 261 is also
<br />included.
<br />Holidays shall mean Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day.
<br />Improved Property shall mean all commercial and/or residential improved real property as herein defined that generates
<br />or is capable of generating residential solid waste.
<br />Legitimate Complaint shall mean any complaint where the provisions herein regulating Solid Waste, Program
<br />Recyclables, or Yard Waste collection were adhered to by the Customer and Franchisee did not perform in accordance
<br />with such provisions.
<br />Multiple Dwelling Unit or Multi -Family Unit shall mean any building containing five (5) or more permanent residential
<br />living units.
<br />Non -Program Recyclables shall mean Recyclable Materials or Recyclables not included in the list of Program Recyclables
<br />provided in Exhibit 3 and which are segregated from other materials in the waste stream.
<br />H.
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