Okaloosa County BOCC — April 4, 2017 — Nonexclusive COMMERCIAL Solid Waste Collection SeRVICEs Franchise Agreement 3-29-17withlines

1 NONEXCLUSIVE COMMERCIAL SOLID WASTE COLLECTION SERVICES 2 FRANCHISE AGREEMENT 3 4 This Agreement is entered into this _______ day of _______, by and between Okaloosa 5 County, Florida and ________________________________________ (hereinafter “Franchisee”). 6 ARTICLE I. DEFINITIONS 7 Definitions are as defined in Chapter 11, Article IV, titled “Solid Waste Disposal” of the 8 Okaloosa County Code of Ordinances. 9 ARTICLE II. AGREEMENT TERM 10 The Effective Date of this Agreement shall be when fully executed by the parties. The 11 term of this Agreement shall begin upon full execution and shall terminate on September 12 30, 2019. 13 ARTICLE III. SOLID WASTE AND RECYCLABLES COLLECTION SERVICES 14 3.1 Nonexclusive Services 15 Franchisee is herein granted the nonexclusive right to provide Commercial Collection 16 Services as defined in Chapter 11, Article IV, Division 1 of the Okaloosa County Code of 17 Ordinances within the Service Area, which is the unincorporated areas of Okaloosa 18 County. 19 3.2 Applicable Law 20 Franchisee must conduct services in accordance with all Applicable Law, as defined in 21 Chapter 11, Article IV, Division 3 of the Okaloosa County Code of Ordinances, including, 22 but not limited to, obtaining all required licenses and permits. Furthermore, Franchisee 23 shall adhere to all requirements as set forth in Chapter 11, Article IV, Division 3 of the 24 Okaloosa County Code of Ordinances. These requirements include but are not limited to, 25 manner of collection, protection of private and public property, vehicles, record keeping 26 and monthly reporting. 27 3.3 Designated Facility 28 Franchisee agrees to deliver all Solid Waste collected by the Franchisee pursuant to this 29 Agreement to a County Designated Facility. Franchisee further agrees to pay the 30 commercial tipping fee, established by County Resolution, for all Solid Waste collected 31 pursuant to this Agreement. 32 3.4 Title to Solid Waste 33 The Franchisee agrees that the County shall have title to all Solid Waste upon disposal at 34 the Designated Facility. 35 3.5 Disposal Account 36 Franchisee shall establish a disposal account with the Solid Waste Division for the disposal 37 of Solid Waste collected and delivered to the Designated Facility. An account number 38 shall be established for Franchisee upon opening of the account. Franchisee shall pay all 39 monthly Solid Waste disposal rates and charges by the twentieth (20th) of each month. Page 1  Okaloosa County Nonexclusive Commercial Solid Waste Collection Services Franchise Agreement 40 ARTICLE IV. FRANCHISE FEES 41 Franchisee shall remit a franchise fee in the amount of four and one-half (4.5%) of gross 42 revenues collected in the immediately preceding month for collection and disposal of 43 commercial Solid Waste pursuant to this Agreement to the County on or before the 44 fifteenth (15th) calendar day of each month. Franchisee shall submit such documentation 45 as is necessary to verify the amount of gross revenues collected. If Franchisee passes 46 through the franchise fee onto its commercial collection customers, Franchisee shall list it 47 as a separate line item on the customer’s invoice. 48 ARTICLE V. TERMINATION 49 The County may terminate this Agreement for cause; by giving Franchisee written notice, 50 upon the happening of any one of the following events: 51 a. Failure to deliver all Solid Waste to the Designated Facility; or, 52 53 b