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

Incorporated Municipalities or Municipalities means those duly incorporated municipalities in Okaloosa County consisting of Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar and Valparaiso. Infectious Waste means those wastes that may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. Multi-Family Collection Service means the collection service of Solid Waste and Recyclables provided to persons occupying Multi-Family Units within the Service Area. Multi-Family Customers means Multi-Family Units receiving Multi-Family Collection Service. Page 3 Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement (using existing bins) Multi-Family Unit means Dwelling Units containing greater than five (5) individual Dwelling Units in a single complex. For the purposes of this Agreement, recreational vehicles and mobile homes located in a recreational vehicle or mobile home park are considered Multi-Family Units. North Transfer Station or NTS means the Baker Transfer Station currently located at 1415 Charlie Day Road, Baker in Okaloosa County capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Program Recyclables means Recyclables included in the County’s residential and multi-family recycling program. Program Recyclables include incidental amounts of non-designated materials as can normally be expected as part of municipal recycling collection. The types of Recyclables included in the County’s recycling program may be amended by the Contract Manager. Recovered Materials means metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but the term does not include materials destined for use that constitutes disposal. Recovered materials in this subsection are not solid waste. Recyclable Materials or Recyclables means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. Required Turn Back Condition means reasonable wear and tear commensurate with the time of use, and considering the Contractor’s responsibilities for maintenance, repair, and replacement. Residential Collection Service means the curbside collection service of Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste provided to persons occupying Single Family Units within the Service Area. Residential Customers means customers receiving Residential Collection Service. Roll Cart means a wheeled container intended for automated collection of Solid Waste and Program Recyclables, which is of a type and size approved by the County. Service Area means the specifically described geographic area assigned to Contractor for the purpose of providing Residential Collection Service. Single Family Unit means Dwelling Units, including single family residences, or any building or structure containing five (5) or less individual Dwelling Units in a single complex. For the purposes of this Agreement, recreational vehicles and mobile homes not located in a recreational vehicle or mobile home park are considered Single Family Units. Single Stream refers to a recycling process that allows for Recyclables to be collected commingled, with containers and paper collected in the same Roll Cart or dumpster. Solid Waste means sludge unregulated under the federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Recovered materials are not solid waste. Solid Waste Management Facility means a disposal facility designated and approved by the County for the disposal of Solid Waste and Bulk Waste. South Transfer Station or STS means the Fort Walton Beach Transfer Station 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. Ton means a short ton, 2,000 pounds. Transfer Stations means the North Transfer Station (NTS) and South Transfer Station (STS). May also be referred to as the Fort Walton Beach Transfer Station (STS) and Baker Transfer Station (NTS). Page 4 Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement (using existing bins) Unacceptable Waste means wastes that are not accepted for Class I disposal. These materials include Infectious Waste and Hazardous Waste as defined above as well as materials exhibiting the following characteristics: a. Hazardous placards or markings; b. Liquids; c. Powders or dusts; d. Drums or commercial size containers; or e. Chemical odors. Other unacceptable materials include: a. Asbestos-containing wastes; b. Ash; c. Fluorescent light bulbs; d. Mercury-containing devices; e. Whole tires; or f. Liquid wastes. Uncontrollable circumstances mean those acts beyond the reasonable control of the party relying thereon which may include, but are not necessarily limited to, the following: a. Acts of god, such as storm, flood or earthquake; b. Civil disturbances, such as riots, revolutions, rebellion or insurrections; c. Any wars (whether declared or not), hostilities or invasions; d. Accidents or disruptions, such as fires or explosions; or e. Labor difficulties, such as strikes, lockouts, or sabotage. White Goods means discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial appliances. Wright Landfill means the County-owned property located at Percy Land and North Beal Extension, Ft. Walton Beach in Okaloosa County. Yard Trash means vegetative matter resulting from landscaping maintenance, including accumulation of lawn, grass, shrubbery cuttings or clippings and dry leaf rakings, palm fronds, small tree branches (which shall not exceed six (6) feet in length and four (4) inches in diameter, and fifty (50) pounds or less per bundle), bushes or shrubs, green leaf cuttings, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees, stumps, or bulky material not susceptible to normal loading and collection in loader packer type sanitation equipment used for regular collections from domestic households. Yard Trash does not include any form of matter or debris resulting from tree removal, land clearing, land development, building demolition, home improvement, or waste generated by tree surgeons. Additionally, Yard Trash does not include debris generated by landscapers or lawn maintenance services when removed from the origination site and placed on another property for pick- up. ARTICLE 2. AGREEMENT TERM 2.1. Effective and Commencement Dates The Effective Date is the date this Agreement has been executed by both the County and Contractor, whichever date is later. The Commencement Date is the date that services required by this Agreement shall commence. The Commencement Date shall be April 1, 2017. 2.2. Initial Term The term of this Agreement shall be for a period of ten (10) years beginning on the Commencement Date, April 1, 2017, and terminating March 31, 2027. Page 5 Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement (using existing bins) 2.3. Renewal Option This Agreement may be renewed upon mutual agreement and in writing by both parties for two (2) additional terms of five (5) years under the same terms and conditions as the initial term, including amendments. Contractor shall be notified by the County no later than March 31, 2026 of its intent to renew or not to renew the Agreement. If renewed, the first additional five (5) year term will begin on April 1, 2027, and terminate on March 31, 2032. If the first renewal option is implemented Contractor shall be notified by the County no later than March 31, 2031 of its intent to renew or not to renew the Agreement. If renewed, the second additional five (5) year term will begin April 1, 2032, and terminate on March 31, 2037. 2.4 First Contract Year In order to align with County budgeting requirements, the first contract year shall begin April 1, 2017 and conclude on September 30, 2018. Any subsequent annual fee adjustments owed to Contractor shall commence on October 1st of each calendar year. The contract termination date remains March 31, 2027 unless renewed. ARTICLE 3. SOLID WASTE AND RECYCLABLES COLLECTION SERVICES 3.1. Exclusive and Not Exclusive Services 3.1.1. Exclusive Services Contractor is herein granted the exclusive right to provide the following services in the Service Area as specified in this Agreement: Residential Collection Service, including the collection of residential Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste. 3.1.2. Not Exclusive Services 3.1.2.1. Contractor is not granted the exclusive right to collect Solid Waste from Multi Family Units, Commercial Businesses, C&D debris, Bulk Waste or Yard Trash from Multi- Family Units, or contractor-generated waste. Contractor is not granted the exclusive right to collect residential vegetative waste that exceeds the collection preparation and size requirements or Bulk Waste that exceeds one (1) collection event per Dwelling Unit per week. 3.1.2.2. The County reserves the right to exclude collection of other materials from this Agreement in the future for the purposes of increasing waste reduction. 3.2. Title to Solid Waste and Recyclable Materials The Contractor shall have title to all