Okaloosa County BOCC — November 4, 2014 — C03-0898-TDC — reading text

pesticides, or adhesives that are greater than 25 years old); Pepper sprays; Pesticides/herbicides that are not intended for household use or that have labels which do not authorize recycling of used aerosol cans; Silicone gasket-maker products; Tear gas cartridges or devices; Zinc-based paints/primers/coatings (e.g., zinc-rich cold galvanizing sprays); (6) Industrial or other aerosols that do not have potential consumer uses; (7) Aerosols that do not have tops, caps, or lids that are capable of preventing accidental disct during port and related handling (e.g., aerosols designed with a removable cap if the cap is missing); (8) Aerosols that are discarded by facilities in any of the following industries: (a) petrol refining, (b) chemical fi ing, (c) coke by-product recovery, or (d) treatment, storage, or disposal facilities handling benzene wastes from any of these three industries. Customers should check the Web Site for updates to this list prior to initiating a shipment of a Container in order to ensure that no Non-Conforming Wastes are shipped in the Container. Page 4 of 4 vw ae Management of Fort WM Agreement # 0003297525 on eee Customer Acct # — 233-62244 108 Hill A * mB Wig ee Pe ae Service Agreement Acct. Name EMERALD COAST WASTE MANAGEMENT Non-Hazardous Waste —,,.. > leila Salesperson Jean Ann Encardes Billing Information Name EMERALD COAST Contact Doug Ahern Effective Date 2/1/2013 CONFERENCE CTR Address 1250 MIRACLE STRIP Telephone # 8506093800 Last API Date Mon Oct 04 00:00:00 GMT 2010 PKWY SE City State Zip FORT WALTON BEACH, Fax # (850) 609-5095 FL 32548 County/Parish OKALOOSA Email dahern@co.okaloosa.fl.us ON DEMAND (see details for amounts & charges) Ref# Quantity Product/Equipment Waste Type Frequency 1-1 1 34 Yard Compactor MSW Commercial On Call TOTAL INITIAL FEES $ 0.00 This is not a bill A fuel surcharge and environmental cost recovery charge calculated as a percentage of the Charge(s), will be included on your invoice. Information about the Fuel/ Environmental Charge can be found on our website at www.wm.com/fec.jsp. State and Local taxes, if applicable, will also be added to the Charges. A monthly administrative fee of $ 4.00 per invoice will be assessed; this fee can be removed by enrolling in paperless statements and automated payments. If applicable to your account, a Recycle Material Offset (RMO) will appear on your invoice and may vary from month to month based on the recyclable material commodity market conditions. Waste Materials not to exceed an average weight of ( Ibs/yard). The individual signing this agreement on behalf of customer acknowledges that he/she has read and accepts the terms and conditions of this agreement which accompany this service summary sheet and that he/she has the authority to sign on behalf of the customer. LS Suk Mer 3 Lops omer Signature ANT) Printed Name Date mw Ire. bron he om &. Encar des Z-21-13 upany Signature Printed Name Date OL CONTRACT # C03-0898-TDC WASTE MANAGEMENT DUMPSTER/COMPACTOR @ CONF. CTR EXPIRES: 06/25/2013 RATE AMENDMENT Page 1 of 4 Wwe Service Agreement Non-Hazardous Waste WM Agreement # Service Location: 1250 MIRACLE STRIP PKWY SE, FORT WALTON BEACH, FL 32548 S0003297525 Name EMERALD COAST Contact Name Doug Ahern Email dahern@co.okaloosa.fl.us CONFERENCE CTR County/Parish OKALOOSA Telephone # 8506093800 Mobile # Customer Comments This service agreement is Fax # (850) 609-5095 for the period of 2/1/13 - 6/25/13. Total Initial Fees For This Location $ 0.00 Total Recurring Charges For This Location $ 0.00 ROLL OFF SERVICES Quantity Equipment Waste Type Frequency _| Requested Pickup day Attributes Haul Rate _ | Disposal Rate 1-1 1 34 Yard Compactor _| MSW Commercial On Call Misc WM Owns: 1, No Delivery, $ 292.31 $ 60.58 Tons Recurring Fees/Charges Container Usage Fee $ 523.87/Month Conditional (as required) Fees/Charges Relocate Fee Removal Fee Trip Charge $ 125.00 $ 150.00 $ 125.00 Page 2 of 4 THE FOLLOWING TERMS AND CONDITIONS APPLY TO SOLID WASTE AND NON-REBATE RECYCLING SERVICES (INCLUDING PERMANENT, TEMPORARY, COMMERCIAL AND RESIDENTIAL) AS MAY BE PROVIDED BY AFFILIATES AND SUBSIDIARIES OF WASTE MANAGEMENT, INC. (@€ COMPANY <A€ ) THIS IS A LEGALLY BINDING AGREEMENT. 1. SERVICES RENDERED; WASTE MATERIALS. Customer grants to Company the exclusive right, and Company through itself and its subsidiaries and corporate affiliates, shall furnish equipment and services, to collect and dispose of and/or recycle all of Customer's Waste Materials. Customer represents and warrants that the materials to be collected under this Agreement shall be only "Waste Materials" as defined herein. Por purposes of this Agreement, "Waste Materials" means all non-hazardous solid waste, organic waste and Recyclable Materials (as defined in Section 12 below) generated by Customer or at Customer's Service Address. Waste Materials includes Special Waste, such as industrial process wastes, asb ing material, 1 i d soils, d/de-ch ized wastes, and demolition debris, for which Customer shall complete a Special Waste Profile sheet to be approved by Company i in writing. Waste Materials excludes, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, fl ible, explosive, bi di ated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or Special Waste not approved in writing by Company (collectively, “Excluded Materials”). Title to and liability for Excluded Material shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or applicable law. 2. TERM. The Term of this Agreement i is set forth on the Service Summary of this Agreement. Unless otherwise specified on the Service Summary, the Term shall automatically renew for the period set forth therein unless either party gives to the other party written notice (See Section 11(e)) of termination at least ninety (90) days, but not more than one hundred eighty (180) days, prior to the termination of the then-existing term. Notice of termination received at any other time will be considered ineffective and the contract will be Hy d upon pletion of the th isting term. 3. SERVICES GUARANTY; CUSTOMER TERMINATION. If the Company fails to perform the services described within five business days of its receipt of a written demand from Customer “(See Section 11(e)), Customer may terminate this Agreement with the payment of all monies due through the termination date. If Company increases the Charges payable by Customer hereunder for reasons other than as. set forth in Section 4 below, Customer shall have the right to terminate this Agreement by written notice to the Company no later than thirty (30) days after Company notifies Customer of such increase in Charges in writing. If Customer so notifies Company of its termination of this Agr such termination shall be of no force and effect if Company withd: or such i within fifteen (15) days after Customer provides timely notification of termination. Absent such termination, the increased Charges shall be binding and enforceable against Customer under this Agreement. 4. CHARGES; PAYMENTS; ADJUSTMENTS. Upon receipt of an invoice, Customer shall pay for the services and/or equipment (including repair and maintenance) furnished by Company in accordance with the Charges on the Service Summary, as they may be adjusted over the term of this Agreement as noted herein (the Charges"). Company reserves the right to increase the Charges payable by Customer during the Term: (a) for any changes to, or differences between, the actual equipment and services provided by Company to Customer as specified on the Service Summary; (b) for any change in the composition of the Waste Materials or if the average weight per yard of Customer's Waste Materials exceeds the amount specified on the Service Summary; (c) for any in or other modification to its fuel or environmental charges, and the other Agreement or Service Fees included on the Service Summary; (d) to cover any increases in disposal and/or third party transportation costs, including fuel surcharges; (e) to cover increased costs due to uncontrollable ci including, without limi hanges in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as floods, fires, hurricanes and natural disasters; and (f) no more often than annually from the Effective Date (or if ified on the Service y, 0 “s Last Annual Price Increase (“API") Date) for increases in the Consumer Price Index plus four percent of the then current Charges. Any increase in Charges enumerated i in clauses (a) through (e) above may include an amount for Company's operating or gross profit margin. Company also reserves the right to charge Customer additional fees if the following additional services are provided to C | Charge, Services on High Demand Days, Pull/Push Out Services, Container Relocation Fee, or Seasonal Restart Fee. In the event Company adjusts the Charges as provided in this Section 4, the parties agree that this Agreement as so adjusted will continue in full force and effect. Any Customer invoice balance not paid within thirty (30) days of the date of invoice is subject to a late fee, and any Customer check returned for insufficient funds is subject to a fee, both to the maximum extent allowed by applicable law. In the event that payment is not made when due, Company retains the right to suspend service until the past due balance is paid in full. If Company reinstates suspended services after receipt of an outstanding balance, Customer shall pay a Teactivation fee. In the event that service is suspended in excess of fifteen (15) days, Company may terminate this Agreement for such default and recover any equip and all owed | vi d under Section 7. 5. CHANGES. Changes in the frequency of collection service, schedule, number, capacity and/or type of equipment, may be agreed to orally, in writing, by payment of the invoice or by the actions and practices of the parties. If Customer changes its Service Address during the Term, this Agreement shall remain valid and enforceable with respect to services rendered at Customer's new service location if such location is within Company's service area. 6. EQUIPMENT, ACCESS. All equipment furnished by Company shall remain its property; however, Customer shall have care, custody and control of the equipment and shall be liable for all loss or damage to the equipment and for its contents while at Customer's location. Customer shall not overload, move or alter the equipment and shall use it only for its intended purpose. At the termination of this Agreement, Customer shall return the equipment to Company in the condition in which it was provided, normal wear and tear excepted. Customer shall provide safe and unobstructed access to the equipment on the scheduled collection day. Company may suspend services or terminate this Agr in the event C violates any of the requirements of this provision. Customer shail pay, if charged by Company, an additional fee for any service modifications caused by or resulting from Customer's failure to provide access. Customer warrants that Customer's property is sufficient to bear the weight of Company's equipment and vehicles and that Company shall not be responsible for any damage to the Customer's pavement or any other surface resulting from the equipment or Company's services. 7, LIQUIDATED DAMAGES. In the event Customer terminates this Agreement prior to the expiration of the Term for any reason other than as set forth in Section 3, or in the event Company terminates this Agreement for Customer's default, Customer shall pay the following liquidated damages in addition to the Company's