Okaloosa County BOCC — February 28, 2017 — 2 Final Clean Copy Inland (existing Carts) 2-23-17 (with Asset Management Revisions)(signed) — reading text

provide Residential Collection Service, transfer, and processing/disposal, and recycling delivery services; and WHEREAS, the Contractor has the necessary equipment, labor, experience, and financial resources to provide the services required by the County, and the County finds it in the best interest of the health, safety and welfare of the County to now enter into this Agreement. NOW, THEREFORE, the County and Contractor agree as follows: ARTICLE 1. DEFINITIONS Nothing contained herein shall be interpreted to require Contractor to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neutral forms and the singular shall include the plural and vice versa. Acceptable Waste means Solid Waste, including garbage, rubbish, refuse, incidental amounts of household hazardous waste as permitted by the Florida Department of Environmental Protection, and other discarded solid or semi-solid materials resulting from domestic, commercial, industrial, recycling, resource recovery, agricultural and governmental operations. Acceptable Waste also includes Bulk Waste, C&D, and Recyclable Materials. Acceptable Waste shall not include regulated Hazardous Waste, Biomedical Waste, Biological Waste, Infectious Waste, and Yard Trash. Agreement means this Agreement including all attachments and amendments thereto. Applicable Law means all applicable Federal and State of Florida laws, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Agreement. Baker Landfill means the County-owned property located at 1415 Charlie Day Road, Baker in Okaloosa County. Baker Transfer Station means the North Transfer Station (NTS) currently located at the Baker Landfill capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Biomedical Waste means any Solid Waste or liquid wastes that may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste that contains human disease-causing agents; discarded disposable sharps, human blood, and human blood products and body fluids; and other materials that, in the opinion of the Department of Health, represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. Biological Waste means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. Board means the Board of County Commissioners of Okaloosa County, Florida, which is the governing body of the Okaloosa County. Bulk Waste means any waste that requires additional management due to its bulk or weight and shall include, household furniture, treated lumber, electronics, bicycles, push type lawn mowers with all oil and gas drained, automotive tires [including tires with rims; tires from commercial vehicles, heavy equipment, Page 1 Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement (using existing bins) or industrial vehicles are prohibited; tires shall not exceed 20 inches in diameter and are limited to four (4) per collection] and white goods. Bulk waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, or special waste as defined herein. With the exception of individual items of household furniture and white goods, such service is limited to four (4) cubic yards per pickup. Change in Law means (i) the adoption, promulgation, or modification after the Effective Date of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the Effective Date; or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the Effective Date, which in the case of either (i) or (ii) establishes requirements affecting Contractor’s operation under this Agreement more burdensome than the requirements that are applicable to Contractor in effect as of the Effective Date. A change in any federal, state, county, or other tax law or worker’s compensation law shall not be a Change in Law. However, in the event that a federal, state, or local entity imposes a fee, charge, or tax after the Effective Date that applies to Contractor’s operations per se, such fee, charge, or tax shall be treated as a Change in Law. Collection Component means the portion of the billing fee set by Okaloosa County, for Residential Collection Service. Commencement Date means April 1, 2017, the date services pursuant to this Agreement shall commence. Commercial Business means any establishment other than a residential dwelling, apartment complex, condominium complex or trailer park and shall be and shall include, but not be limited to, all retail, professional, whole sale and industrial facilities, manufacturing facilities, non-profit enterprises, governmental/public agencies, and any other commercial enterprises offering goods and services to the public. Construction and Demolition Debris (C&D) means discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of C&D with other types of Solid Waste will cause it to be classified as other than C&D. The term also includes: a. Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; b. Except as provided in s. 403.707(13)(j); unpainted, non-treated wood scraps and wood pallets from sources other than construction or demolition projects; c. Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities; and d. De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Contract Manager means the Public Works Director or as otherwise designated in writing by the Board to represent the County in the administration and supervision of this Agreement. County means Okaloosa County, Florida, a political subdivision of the state of Florida, acting by and through its Board. Page 2 Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement (using existing bins) Day means calendar day unless otherwise noted in the Agreement. Designated Facility means the facilities designated by the County for delivery of Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste collected pursuant to this Agreement. Designated Final Disposal Facility means the facility designated by the County to which Solid Waste received at the Transfer Stations are transferred and delivered for final disposal. The Designated Disposal Facility shall be the final resting place for solid waste transferred from the County. Designated Recycling Facility means the facility designated by the County to which Recyclables received at the Transfer Stations are transferred and delivered for processing and marketing. Disposal Component means the portion of the billing fee set by Okaloosa County, for tipping fee, landfill costs, and Solid Waste management costs. Dwelling Unit means any type of structure or building unit with kitchen facilities capable of being utilized for residential living other than a hotel or motel unit, including houses, condominiums, townhouses, apartments, efficiency apartments and mobile homes. Effective Date means the date this Agreement has been executed by both the County and Contractor, whichever is later. Electronic Waste (E-Waste) means computers, monitors, keyboards, mice, terminals, printers, modems, scanners, cell phones, televisions, copiers, and other electronic equipment as directed by the County. Fort Walton Beach Transfer Station means the South Transfer Station (STS) currently located at 630 Martin Luther King Jr. Blvd., Ft. Walton Beach in Okaloosa County capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Holidays means New Year’s Day, Thanksgiving, and Christmas. Hazardous Waste means Solid Waste or a combination of Solid Wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous Waste shall include all such waste as defined by the Rules of the Florida Department of Environmental Protection, Chapter 62-730 F.A.C., or 40 Code of Federal Regulations 261, or both, as either or both may be amended from time to time and to the extent either or both is applicable to the disposal of waste in Florida. Hazardous Waste is not intended to include de minimis amounts of household hazardous wastes as defined by FAC 62- 701.100. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. Host Fee means a fee paid by the Contractor to Okaloosa County to help compensate for the Contractor’s right to manage Solid Waste at the Okaloosa Transfer Stations.