05/21/2014 Agreement14
AMY NEAVILIN, CPA
CLERK OF CIRCUR COURT 8 CONIPIROLLER
Mom caum, FLORIDA
DATE: June 4, 2014
TO: Bob Shillinger,
County Attorney
ATTN.- Kathy Peters
FROM: Vitia Fernandez, D. C.
At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item N9 Approval to waive competitive bidding procedures and enter into an
Amended and Restated Solid Waste and Recycling Collection Franchise Agreement with Waste
Management Inc. of Florida, Marathon Garbage Services, Inc. and Keys Sanitary Services for residential
and commercial solid waste, yard waste and recycling collection services in an combined amount
estimated at $71.1 Million over a ten year period.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have
any questions, please feel free to contact my office.
cc: County Attorney
Finan
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305- 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
t
A
AMENDED AND RESTATED
SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT
FOR THE LOWER KEYS AREA OF UNINCORPORATED MONROE COUNTY
BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
AND
WASTE MANAGEMENT INC. OF FLORIDA
vy
Dated � , 2014
TABLE OF CONTENTS
Page
COVER ...:................................................... ............................... 1
TABLE OF CONTENTS ...................................... ............................... 2
1. TERM .............................................................. ............................... 7
2. DEFINITIONS ................................................... ............................... 7
3. SERVICES PROVIDED BY FRANCHISEE ............ ............................... 15
A. Exclusive Franchise Granted ........................... ............................... 15
B. Responsibility for Service Billing and Collection ............................. 15
C. Emergency Service Provisions ......................... ............................... 15
D. Service to Selected COUNTY Agencies .......... ............................... 16
4. SOLID WASTE COLLECTION SERVICES ............. ............................... 17
A. Curbside Residential Solid Waste, Vegetative Waste, and Bulk
Trash Collection Services ........................... ...............................
17
(1) Conditions and Frequency of Ser vice ... ...............................
17
(2) Accessibility .......... ............................... .................
17
(3) Tag Improper Set Outs .................... ...............................
18
B. Containerized Residential Solid Waste Collection Service ..................
18
(1) Conditions and Frequency of Service .. ...............................
18
C. Commercial Solid Waste Collection Service .... ...............................
19
(1) Conditions and Frequency of Service .. ...............................
20
(2) Method of Collecting ...................... ...............................
20
(3) Level, Type and Disclosure of Rates for Commercial Collection
and Other Service .......................... ...............................
20
D. Hours of Collection .................................. ...............................
20
E. Routes and Schedules ............................... ...............................
21
5. RECYCLING COLLECTION SERVICE .................. ............................... 21
A. Curbside Residential Recycling Collection Services .......................... 22
(1) Conditions and Frequency of Service ... ............................... 22
(2) Accessibility for Curbside Recycling Collection ..................... 22
2
B. Containerized Residential Recycling Collection Service ..................... 22
(1) Conditions and Frequency of Service ... ............................... 23
(2) Accessibility and Schedule for Containerized Residential
Recycling Collection ...................... ............................... 23
C.
Commercial Recycling Collection Service ....... ...............................
23
(1) Conditions and Frequency of Service... .......... ....................
23
(2) Level, Type and Disclosure of Rates for Commercial Recycling
Collection and Other Services ........... ...............................
24
(3) Ownership ................................... ...............................
24
D .
Method of Payment .................................. ...............................
25
E.
Hours of Collection .................................. ...............................
25
F.
Routes and Schedules ............................... ...............................
25
G.
Purchase, Delivery, and Replacement of Recycling Carts and Containers for
Residential Dwelling Units ..................... ...............................
25
H.
Manner of Collection .............................. ...............................
26
I.
Material Recycling Facility ....................... ...............................
26
J.
Change in Scope of Recycling Collection Service ...........................
26
6. CHARGES, RATES, AGREEMENT AMOUNT AND LEVEL OF SERVICES......... 27
A. Obligation of Franchisor for Billing, Collection and Payments .............. 27
(1) Specific Responsibilities ................... ............................... 27
(2) Units Omitted from Annual Roll ........ ............................... 27
B. Solid Waste and Recycling Collection Rate Adjustments ..................... 28
C. Agreement Amount ................................. ............................... 28
D. Compiled Statement of Activities and Franchise Fee Audit ............... 29
F. Solid Waste Disposal and Recycling Processing Costs ....................... 29
G. Extraordinary Rate Adjustment .................. ............................... 29
H. Franchise Fee ......................................... ............................... 29
I. Diesel Fuel Surcharge ............................... ............................... 31
J. Convenience Fee ........................................ ............................... 31
3
7 HOLIDAYS .................................................... ...............................
31
a Service Fee ............................................ ...............................
31
8. SPECIAL SERVICES ...................................... ...............................
31
9. PUBLIC AWARENESS PROGRAM ...................... ...............................
32
10. MANNER OF COLLECTION ............................ ...............................
32
11. PERSONNEL OF THE FRANCHISEE .................. ...............................
33
12 SPILLAGE ..................................................... ...............................
33
13. SOLID WASTE AND RECYCLING FACILITIES ...... ...............................
34
14. COLLECTION EQUIPMENT ............................... ...............................
34
15. VEGETATIVE WASTE ...................................... ...............................
35
16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR
BIOMEDICAL WASTE AND SLUDGE ....................... ...............................
35
17 OFFICE .......................................................... ...............................
35
18 COMPLAINTS ................................................ ...............................
36
19. QUALITY OF SERVICE .................................... ...............................
36
20. FILING OF REQUESTED INFORMATION AND DOCUMENTS .................
39
21. UNCONTROLLABLE CIRCUMSTANCES ............. ...............................
39
22. PERMITS AND LICENSES ................................. ...............................
40
23. PERFORMANCE BOND ..................................... ...............................
40
24. WORKERS' COMPENSATION INSURANCE ......... ...............................
40
25. LIABILITY INSURANCE ................................... ...............................
40
26. INDEMNITY .................................................. ...............................
41
27. ACCESS TO FRANCHISEE'S BOOKS AND RECORDS ..........................
42
28. POINT OF CONTACT ........................................ ...............................
43
29 NOTICE ........................................................ ...............................
43
30. DEFAULT OF CONTRACT ............................... ...............................
43
31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR
CHANGEIN LAW ................................................. ............................... 45
32. RIGHT TO REQUIRE PERFORMANCE ................. ............................... 46
33. TITLE TO WASTE ............................................ ............................... 46
34. GOVERNING LAW AND VENUE ....................... ............................... 46
35. COMPLIANCE WITH LAWS .............................. ............................... 47
36. SEVERABILITY .............................................. ............................... 47
37. ASSIGNMENT AND SUBLETTING ............... ............................... I .....
47
38. MODIFICATIONS ......................................... ...............................
48
39. INDEPENDENCE OF AGREEMENT ................... ...............................
49
40. MUNICIPALITY'S OPTION TO BE COVERED BY AGREEMENT ..............
49
41. OTHER RATE ADJUSTMENTS ........................... ...............................
49
42. EXISTING OR PRIOR AGREEMENT .................... ...............................
49
43. ATTORNEY'S FEES AND COSTS ........................ ...............................
49
44. BINDING EFFECT ............................................ ...............................
50
45 AUTHORITY ................................................ ...............................
50
46. CLAIMS FOR FEDERAL OR STATE AID .............. ...............................
50
47. ADJUDICATION OF DISPUTES OR AGREEMENTS .............................
50
48. NON - DISCRIMINATION ................................. ...............................
50
49 COOPERATION .............................................. ...............................
51
50, COVENANT OF NO INTEREST .......................... ...............................
51
51 CODE OF ETHICS .......................................... ...............................
52
52. NO SOLICITATION / PAYMENT ....................... ...............................
52
53. PUBLIC ACCESS ............................................ ...............................
52
54. NON - WAIVER OF IMMUNITY ........................... ...............................
53
55. PRIVILEGES AND IMMUNITIES ........................ ...............................
53
5
56. LEGAL OBLIGATIONS AND RESPONSIBILITIES; NON - DELEGATION
OF CONSTITUTIONAL OR STATUTORY DUTIES .. ...............................
53
57. NON - RELIANCE BY NON - PARTIES ................... ...............................
54
58. ATTESTATIONS ............................................. ...............................
54
59. NO PERSONAL LIABILITY. .... .....................................................
54
60. EXECUTION IN COUNTERPARTS .................... ...............................
54
61. SECTION HEADINGS .................................... ...............................
54
EXHIBIT I - DESCRIPTION OF BOUNDARIES OF SERVICE AREA .............
56
EXHIBIT II - APPROVED RATE SCHEDULE ............ ...............................
57
EXHIBIT III - DISCLOSURE OF SERVICE RATES ..... ...............................
58
EXHIBIT IV - ANNUAL FINANCIAL REPORTING FORMAT ......................
60
EXHIBIT V - SPECIAL SERVICES .......................... ...............................
61
EXHIBIT VI - PERFORMANCE BOND SLIDING SCALE .............................
62
EXHIBIT VII - PUBLIC OUTREACH TASKS ............. ...............................
63
EXHIBIT VIII - INSURANCE REQUIREMENTS ......... ...............................
66
EXHIBIT IX- PUBLIC ENTITY CRIME STATEMENT ............. ...............................
67
EXHIBIT X - LOBBYING AND CONFLICT OF INTEREST CLAUSE -
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990,
MONROE COUNTY, FLORIDA ..................................................... ...............................
68
EXHIBIT XI - NON - COLLUSION AFFIDAVIT ................... ...............................
69
EXHIBIT XII - DRUG FREE WORKPLACE FORM ................ ...............................
70
SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT
FOR THE LOWER KEYS AREA
THIS AMENDED AND RESTATED SOLID WASTE AND RECYCLING COLLECTION FRANCHISE
AGREEMENT (hereinafter referred to as "Agreement ") is made and entered into this 21st day of May 2014 by
and between THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 1100 Simonton
Street, Key West, Florida 33040, a political subdivision of the State of Florida (hereinafter referred to as
"COUNTY" or "Franchisor "), and WASTE MANAGEMENT INC. OF FLORIDA, 125 Toppino Industrial
Road, Rockland Key, FL 33040, a Florida corporation (hereinafter referred to as "WMIF" or "Franchisee ").
WITNESSETH
WHEREAS, the parties entered into a Solid Waste and Recycling Collection Franchise Agreement on or
about May 19, 2004, as amended on August 17, 2005, January 28, 2009, and renewed and amended on May 20,
2009, which is scheduled to terminate on September 30,2014; and
WHEREAS, the parties have negotiated new terms and conditions under this agreement; and
WHEREAS, the terms and conditions are favorable to the Franchisor in terms of cost effectiveness,
improved levels of service and improved levels of recycling efforts from the Franchisee; and
WHEREAS, the Franchisor now desires the yard waste to be separated from the solid waste to allow a
separate yard waste processing program to be implemented; and
WHEREAS, the County pursuant to Section 2- 347(e)(5), Monroe County Code hereby exercises its option to
waive competitive bidding for this solid waste service; and
WHEREAS, the parties desire to amend and restate the agreement.
In consideration of the mutual benefits, the parties herein agree as follows:
TERM
The term of this Agreement shall be for the period beginning on October 1, 2014, extending for ten (10)
years, and terminating on September 30, 2024. Franchisor shall have the exclusive option to extend the
Agreement by formal Amendment, upon mutually agreeable terms and conditions, for an additional five (5) year
period upon one hundred twenty (120) days written notice to the Franchisee prior to the expiration of the current
term of this Agreement. If such written notice and formal renewal amendment is not provided this Agreement
shall terminate on September 30, 2024. Monroe County shall have the right to unilaterally extend the term for a
period of ninety (90) days under the same terms and conditions as set forth herein.
Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
2. DEFINITIONS
A. Biological Wastes causes or has the capability of causing disease or infection and which includes
biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to
humans or animals.
B. Board shall mean the Board of County Commissioners of Monroe County, Florida.
C. Bulk (or Bulky) Trash shall mean any non - vegetative item that cannot be containerized or bundled;
including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, clothes dryers, bath
tubs, water heaters, sinks, bicycles and other similar domestic appliances; household goods, furniture and
carpeting. Carpeting will be picked up by the Franchisee if cut to lengths of six (6) feet or less, no more
than 6 bundles of carpet for one pickup, and bundled items must be generated from the property of a
Dwelling Unit. "Home Improvements ", which include, but are not limited to, cabinets, drywall, lumber,
paneling and other such construction- related materials, are not considered bulk trash.
"Bulky trash or waste" does not include large items such as car bodies, camper shells, mobile homes,
trailers, Jacuzzi tubs or spas, or any other items that cannot be safely lifted and collected by one person.
In addition, bulky wastes do not include any hazardous or special waste as well as any other item or
items that in the future may be land banned by regulation.
D. Collection shall mean the process whereby Residential Solid Waste, Commercial Solid Waste and
Recyclable Material are removed and transported to a designated facility.
E. Collection Agreement or Agreement shall include this document. All amendments and exhibits
thereto shall be made in writing and shall be the written document between the Franchisor and the
Franchisee governing the provision of services as contained herein.
F. Commercial Solid Waste shall mean Garbage, Vegetative Waste and Rubbish that is not Residential
Solid Waste.
G. Commercial Recycling Collection Service shall mean the collection of recyclable materials by the
Franchisee from business entities and any or all collection services not covered in Section JJ within the
Service Area.
K
H. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the service area. Such service includes Containers and Compactors, but does not include
Specialty Hauler Roll-Off Collection Service.
I. Compactor shall mean any container that has compactor mechanism(s), whether stationary or mobile,
all - inclusive.
J. Construction and Demolition Debris (C &D) shall mean materials generally considered to be non-
water soluble and non - hazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard and lumber from the construction or destruction of a
structure as part of a construction or demolition project. Mixing of a very small amount of waste other
than C &D from the construction site will not automatically cause it to be classified as other than C &D.
K. Container shall mean and include any container designed or intended to be mechanically dumped into
a loader /packer type garbage truck.
L. Containerized Residential Recycling Collection Service shall mean the collection of recyclable
materials by the Franchisee from Dwelling Units in the service area that require the use of containers
for the collection of recyclable materials and the delivery of those recyclable materials to the Materials
Recycling Facility.
M. Containerized Residential Solid Waste Collection Service shall mean solid waste collection service
of all Dwelling Units whose Garbage, Rubbish, Bulk Trash or Vegetative Waste are collected by
means of a central or shared Container and not by means of a Garbage Receptacle. Vegetative Waste
shall not be commingled with Garbage, Rubbish or Bulk Trash.
N. Contract Administrator shall mean the person designated by the Franchisor who shall act as the
representative of the Franchisor during the term of this Agreement.
O. County shall mean Monroe County, Florida.
P. Curbside Residential Recycling Collection Service shall mean the collection of recyclable materials
by the Franchisee from all Dwelling Units in the service area that also receive curbside Residential
Solid Waste Collection Service for solid waste and other Dwelling Units as are designated by the
9
County, and the delivery of those recyclable materials to the Monroe County Materials Recycling
Facility or other designated transfer station. Residential materials shall not include recycling materials
generated from a commercial business.
Q. Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste Collection
Service for all Dwelling Units whose garbage is collected by means of a garbage receptacle at curbside
or roadway.
R. Designated Facility shall mean a processing, recycling or transfer facility designated by Monroe
County.
S. Dwelling Unit shall mean any residential living type of structure or building with kitchen facilities
intended for or capable of being utilized for residential living other than a hotel or motel unit.
T. Fiscal Year shall mean, during the term of this Agreement, the period October 1 of a given year
through September 30 of the following year.
U. Franchisee shall mean that person or entity that has obtained from the Franchisor a franchise, contract
or permit to provide Residential Solid Waste Collection Service, Commercial Solid Waste Collection
Service, and Recycling Collection Service.
V. Franchisor shall mean the Board of County Commissioners of Monroe County, Florida.
W. Garbage shall mean all putrescible waste, generally including, but not limited to, kitchen and table
food waste, animal, vegetative, food or any organic waste that is attendant with or results from the
storage, preparation, cooking or handling of food materials, whether attributable to residential or
commercial activities.
X. Garbage Receptacle shall mean any commonly available light gauge steel, plastic or galvanized
receptacle of non - absorbent material, closed at one end and open at the other, furnished with a closely
fitted top or lid, handle(s) and without any jagged or sharp edges. A garbage receptacle is also defined
as a heavy duty, securely tied plastic bag designed for use as a garbage receptacle. Any receptacle
made from plastic drums with rope handles, or slots cut into the sides for handles, is not an acceptable
garbage receptacle. Any receptacle including waste materials shall not exceed thirty-two (32) gallons
10
in capacity or fifty (50) pounds in weight, unless a Franchisee implements (with written authorization
from the Contract Administrator or his or her Designee) an automated or semi - automated collection
system requiring the use of some other standard receptacle compatible with the Franchisee's
equipment.
Y. Hazardous Waste means solid waste as defined by the State of Florida Department of Environmental
Protection as a hazardous waste in the State of Florida Administrative Code, Chapter 62 -730, or by
any future legislative actions, or by Federal, state or local law.
Z. Hotel or Motel shall mean a structure or building unit(s) with kitchen facilities capable of being
utilized for residential living where such unit or a group of such units is utilized at least fifty percent
(50 %) of the time for "Transient Occupancy" as such term is defined in Chapter 509, Florida Statutes,
or its successor law.
AA. Industrial Waste shall mean any solid waste accumulations of metal, metal products, minerals,
chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber,
sawdust, waste from animal packing or slaughterhouses, or other materials usually created by an
industrial enterprise.
BB. Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for or on
behalf of the Franchisor for the purpose of receiving, sorting, processing, storing and/or preparing
Recyclable Materials for sale.
CC. Mobile Home shall mean the manufactured homes, trailers, campers and recreational vehicles.
DD. Multi- Family Dwelling Unit shall mean and include any building or structure containing two (2) or
more Dwelling Units under one roof.
EE. Office Paper shall be defined as a mixture of paper products including letter paper, notebook paper,
computer and green bar paper, and other clean paper products.
FF. Non - collection notice shall mean a form used by the Franchisee to notify customers of the reason for
non - collection of materials set out by the customer for collection by the Franchisee pursuant to the
Contract, developed by the Franchisee and approved by the Franchisor.
11
GG. Permitted Disposal Facility shall mean the place or places specifically designated by the Franchisor
for the disposal of solid waste, and that are properly permitted by the appropriate state and local
agencies.
HH. Public Awareness Program shall mean that program developed by the Franchisor to inform and
encourage residential and commercial solid waste collection customers to use all solid waste collection
services offered by the Franchisor through the Agreement. It shall also mean information concerning
levels of service and changes in scope of service.
II. Recyclable Materials shall mean newspapers (including inserts); aluminum, #1 - #7 plastic
containers; clear, green and brown glass bottles and jars; corrugated cardboard; kraft paper bags; office
paper; tin and ferrous cans; automobile tires; and other materials added upon agreement between the
Franchisor and Franchisee.
JJ. Recycling Cart shall mean a rigid, covered 65 gallon wheeled cart. Recycling container shall mean a
rigid container that holds 18 gallons. Both shall be made of plastic or other suitable substance that is
used for the storage of commingled recyclable materials.
KK. Residential Property shall mean all improved property, or any portion thereof, used as a dwelling unit
and shall include single family dwelling units, apartments, mobile homes and condominiums.
LL. Residential Solid Waste shall mean Garbage, Rubbish, Bulk Trash and Vegetative Waste resulting
from the nonnal housekeeping activities of a Dwelling Unit. Vegetative Waste shall not be
commingled with Garbage, Rubbish or Bulk Trash.
MM.Residential Recycling Collection Service shall mean Curbside Recycling Collection Service and
Containerized Residential Recycling Collection Service.
NN. Residential Solid Waste Collection Service shall mean service to all Dwelling Units, including, but
not limited to, single - family dwelling units, each living unit in a multi - family dwelling unit,
condominium or cooperative association, each mobile home, whether located in a mobile home park or
on an individual parcel of property whether or not the lot is owned by the mobile home owner and
whether or not the unit has an RV tag, and each timesharing unit.
121"
00. Roll-off Collection Service shall mean Specialty Hauler Service as described in the Monroe County
Code Section 21-46, and is the collections of C&D only roll-off containers within temporary locations
in the service area, limited to new construction sites and remodeling or refurbishment sites. Roll -off
Collection Service shaII also mean the collection of horticultural, agricultural or vegetative waste from
permitted land clearing sites. Roll -off Collection Service does not include Special Wastes, Garbage or
Recyclable Materials, and is not covered under this Agreement.
PP. Rubbish shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and
containers, sweepings, and all other accumulations of a similar nature other than garbage, that are
usual to housekeeping and to the operation of stores, offices and other business places, but shall not
include Vegetative Waste. Also, rubbish shall include any bottles, cans or other containers what, due
to their ability to retain water, may serve as breeding places for mosquitos or other water - breeding
insects.
QQ. Service Area shall mean that portion of the unincorporated area of the County as described in Exhibit
I, for which the Franchisee has an executed Collection Agreement.
RR. Single Family Dwelling Unit means a building, mobile home, or portion thereof, designed for
residential occupancy that is arranged, designed or used as living quarters for only one family.
SS. SIudge shall mean a solid or semi -solid or liquid generated from any wastewater treatment plant, water
supply treatment plant, air pollution control facility, septic tanks, grease traps, portable toilets, or
related operations, or any other such waste having similar characteristics or effects.
TT. Special Services shall mean any services requested or required by the customer that are in addition to,
or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection Service,
Commercial Recycling Collection Service and Commercial Solid Waste Collection Service as set out
or similar to those listed in Exhibit V.
UU. Special Waste shall mean those wastes that require extraordinary management. They include, but are
not limited to, automobiles or automobile parts, abandoned automobiles, boats or boat parts, waste oil,
sludge, dead animals, agricultural and industrial waste, septic tank pumpings and Biohazardous and
Hazardous wastes.
VV. Vegetative Waste — Regular shall mean any vegetative matter generated from the yard and
landscaping maintenance of the property of a Dwelling Unit and shall include materials such as tree
and shrub trimmings, grass clippings, palm fronds, small tree branches and other matter usually
produced as refuse in the care of lawns, landscaping and yards, that shall not exceed four feet (4') in
length and/or four inches (4 ") in diameter, and shall include Christmas trees. Such waste shall be tied
in bundles or placed in containers that are susceptible to normal loading and collection as other
Residential Solid Waste. If containers are used, they shall meet or exceed the Franchisor's
specification for such containers. No bundle or filled container shall exceed fifty (50) pounds in
weight. The materials shall not exceed 12" above the top of the container. Regular Vegetative Waste
shall not be commingled with Garbage, Rubbish or Bulk Trash, unless approved in writing by the
County.
"Vegetative, Green or Yard Waste" means leaves, grass, clippings, brush and branches generated from
landscapes or gardens at Residential or Commercial Premises, separated from other Residential Solid
Waste. Green Waste includes Holiday Trees but does not include stumps or branches exceeding four
inches (4 ") in diameter or four feet (4') in length.
WW. Vegetative Waste — Oversize shall mean large cuttings of vegetative matter that are part of the normal
yard maintenance of a Dwelling Unit, and that cannot be cut for placement in a container or bundled
due to the material exceeding the weight and size restrictions for regular vegetative waste. Oversize
vegetative waste shall be placed neatly at the curb and shall be of a type as to be readily handled by
mechanical collection equipment of the Franchisee and shall not exceed six feet (6') in length.
Oversize Vegetative Waste shall not be commingled with Garbage, Rubbish or Bulk Trash. Oversize
Vegetative Waste does not include any form of matter or debris resulting from commercial tree
removal, land clearing or land development. In the case of a dispute between the Franchisee and a
customer as to what constitutes Oversize Vegetative Waste, the situation will be reviewed and decided
by the Contract Administrator, whose decision will be final.
14
3. SERVICES PROVIDED BY FRANCHISEE
A. Exclusive Franchise Granted.
The Franchisee is herein granted an exclusive franchise to provide Residential Solid Waste Collection
Service, Commercial Solid Waste Collection Service and Residential Recycling Collection Service in the Service
Area, as described in Exhibit I. Adjustments to the Service Area boundaries due to municipal annexation or
contraction will be provided by law. No entity except the Franchisee may offer or provide Residential Solid
Waste Collection Service, Commercial Solid Waste Collection Service or Residential Recycling Collection
Service in the Service Area. The Franchisor agrees to assist the Franchisee in taking timely action against any
entity violating the provisions of this Section.
The Franchisee shall be the agent to the Franchisor to provide Commercial Recycling Collection
Services in the Service Area, where that service is requested by a commercial entity. The Franchisee shall be
responsible for billing and collection of Commercial Recycling Collection services not being billed and collected
by the Franchisor.
B. Responsibility for Service Billing and Collection.
The Franchisor shall be responsible for the billing and payments for Residential Solid Waste
Collection Service. The Franchisee shall provide billing and collection services for Commercial Solid Waste
Collection Services. Billing for Commercial Solid Waste Collection Services shall be reported in the format
designated by the Franchisor's Contract Administrator.
C. Emergency Service Provisions.
In the event of a hurricane, tornado, major storm or other natural disaster, the Contract Administrator
may grant the Franchisee a variance from regular routes and schedules. As soon as practical after such natural
disaster, the Franchisee shall advise the Contract Administrator when it is anticipated normal routes and
schedules can be resumed. The Contract Administrator, in conjunction with the Franchisee, shall make an effort
through the local news media to inform the public when regular services may be resumed.
The clean -up from some natural disasters may require that the Franchisee hire additional equipment,
employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the
natural disaster that is not otherwise covered by the County's Disaster Response and Recovery Services
l5
Contract. By December 0 of the year that this Agreement is in effect, the Franchisee is requested to provide a
Disaster Preparedness Plan to the Contract Administrator for review and approval. This plan shall include
provisions for additional manpower and equipment, as well as a proposed rate for collection associated with the
clean -up of natural disasters or other such occurrences. The Franchisee shall update the Disaster Preparedness
Plan by December I" of each year of this Agreement for the Contract Administrator's review and approval. The
Franchisee shall receive extra compensation above the normal compensation contained in this Agreement, after
such has been approved by the Board, based on the rate schedule submitted to the Contract Administrator.
Subject to verification of documentation request by the County, payment for these services shall be made by the
Franchisor within ninety (90) days of the receipt of the billing by the Franchisor. The Franchisee must provide
documentation for verification of services as requested by the Franchisor for payment.
The Franchisee shall not be responsible for nor have an obligation to collect, transport or dispose of
debris or other waste material from a hurricane, severe storm or other natural or man -made disaster unless the
County enters into a written agreement with Franchisee specifying the terms and compensation for such services.
Should the parties enter into a written agreement and in the event the storm is declared a disaster such that
FEMA is authorized to participate in managing the cleanup, the Franchisee shall be responsible for the
preparation of all documents and forms and support information required by FEMA. Such documents, forms and
information shall be submitted to the County by the Franchisee within the time limits established by FEMA for
such filings.
D. Service to Select County Agencies.
The Franchisee must collect the solid waste and recyclables normally generated by the County's Fire,
EMS, Monroe County Sheriffs Department, and Library facilities located within the franchise area at no charge
or cost to the County for collection.
In addition, the Franchisee shall be required to provide collection service for up to twelve (12)
community events (e.g. community clean -ups, parades, and other special events) per operating year, if such
collection service is requested by or approved by the Franchisor, at no cost to the Franchisor. The Franchisee
shall provide each event with roll -off containers and/or recycling carts as appropriate to successfully manage the
solid waste and recycling generated by the specific event. The Franchisor shall be responsible only for the cost
of disposal.
In addition, the Franchisee shall collect illegal trash piles designated by the County at no charge to the
Franchisor, not to exceed four (4) piles per month. The Franchisor shall be responsible only for the cost of
I6
disposal for these piles. Franchisee shall also provide an aggregate of five (5) roll off pulls for Franchisor
facilities per month. The Franchisor will pay for the disposal cost of such pulls but there shall be no charge for
the hauling of the roll off containers. Such direction shall come from the County's solid waste administrator or
designee. The Franchisee shall include the summary of these activities in the monthly reports to the County.
Services set forth in this paragraph D shall not be applicable to hauling materials resulting from storm events.
4. SOLID WASTE COLLECTION SERVICES
A. Curbside Residential Solid Waste, Vegetative Waste and Bulk Trash Collection Services
(1) Conditions and Frequency of Service
All Curbside Residential Solid Waste and Regular vegetative waste shall be properly containerized in
Garbage Receptacles or otherwise prepared for collection. Vegetative waste shall be separated from Residential
Solid Waste. No filled receptacle or bundle shall exceed fifty (50) pounds in weight. (Regular vegetative waste
will be as defined in Section 2.RR). Curbside Residential Solid Waste Collection Service, except for permitted
holidays, shall be provided twice per week with not less than forty -eight (48) hours or more than seventy -two
(72) hours between regularly scheduled pick -up days. Regular vegetative waste shall be picked up by the
Franchisee not less than once every seven (7) days on a scheduled route basis. Oversize vegetative waste and
bulk trash as defined in Section 2.SS and 2.0 of this Agreement shall be picked up by the Franchisee within five
(5) business days of notification by the resident of the Dwelling Unit. Oversize vegetative waste and bulk trash
must be placed at the usual accessible pick -up location. There may be a charge to the resident for oversize
vegetative waste, as specified in Exhibit II. The resident will be required to call the Franchisee for the removal
of oversize vegetative waste and Franchisee will inspect the material and provide a quote for such service. The
resident may utilize the service at the quoted rate or utilize another lawful means or entity to manage the
material.
Franchisee agrees not to combine or comingle vegetative waste with solid waste. The Franchisor is
contemplating a separate yard waste processing program and therefore requires the separate collection of yard
waste. The Franchisee shall provide for a twice a week collection of solid waste, once a week collection of yard
waste and once a week collection of recyclables from residents unless otherwise approved in writing by the
County. The separate day of collection of yard waste shall be provided at no additional cost to the Franchisor. In
the event that a yard waste processing program is not implemented by the County, the Franchisee shall not reject
combined or commingled vegetative and solid waste.
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(2) Accessibility
All Residential Solid Waste to be collected shall be placed within six (6) feet of the curb, paved
surface of the roadway, closest accessible right -of -way, or other such location agreed to by the Franchisee, that
will provide safe and efficient accessibility to the Franchisee's collection personnel and vehicle. Enclosures for
garbage receptacles shall be within six (6) feet of paved surface or right -of -way. Nixed or permanent enclosures
shall have a street -side opening for the removal of the garbage receptacle. Enclosures that do not have a street -
side opening shall be limited to thirty-six (36) inches in height. For purposes of this Agreement, roadway or
right -of -way means a road owned and maintained by the County, or a road on private property for which an
easement has been granted to the public and such road is constructed and maintained to County road standards.
Where the resident of a Dwelling Unit is physically disabled and unable to deliver Residential Solid Waste or
vegetative waste to curbside and this is certified by the Contract Administrator, or the residential structure is
located in such a manner as to provide non - accessibility to the Franchisee's personnel or vehicle, an alternative
location may be arranged between the customer and the Franchisee at no extra cost to the customer. In the event
an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and
designate the location for pick -up. If the resident requests special services, these services shall be billed directly
to the customer by the Franchisee in accordance with Exhibit V. Billing for these services shall be reported in a
format prescribed by the Contract Administrator. In the event a special service request is not listed in Exhibit V,
charges for such services shall then be established through negotiations between the Franchisee and the
customer. In the event the customer and the Franchisee cannot reach an agreement on the cost, the Contract
Administrator will determine the cost.
(3) Tag Improper Set Outs.
In the event the Recycled Materials and the Solid Waste are cormningled by the Resident(s) to the extent that
they cannot easily be separated by the Franchisor, or the nature of the solid waste renders the entire recycling bin
or cart contaminated, the Franchisee shall leave the cart or bin as is and issue a Non - Collection Notice to the
customer containing instructions on the proper procedures for setting out recyclable materials and shall advise of
the offending material. The Franchisee shall pick up the cart or bin as solid waste if it is still contaminated, or as
recyclable material if it has been cleaned, in the next round of pick up. The Franchisee shall maintain a record of
the address where recyclable materials were not collected, the date of non - collection, and the reason they were
not collected. Such information shall be provided to the Franchisor's Solid Waste Administrator and included in
the reports.
B. Containerized Residential Solid Waste Collection Service
(1) Conditions and Frequency of Service
1S
The Franchisee shall provide Containerized Residential Solid Waste Collection Service to Multi-
Family Dwelling Units of four (4) or more in the Service Area that are suitable to receive such service and
request such service. The size and location of the container and the frequency of collection shall be determined
by the Franchisee and the residential complex, in accordance with this Agreement. The level of service shall be
sufficient to meet customer needs in a safe and sanitary manner. In the event of an unresolved dispute involving
the level and type of service to be provided, the location and size of Containers or the frequency of service, the
Contract Administrator shall make the final determination. The Franchisee shall be paid the appropriate
container maintenance 1 fee in accordance with Exhibit II. A minimum of once per week service is required of
all customers, or such other minimum frequency as provided by law. Service shall not exceed a maximum of
twice per week. Such service shall be provided by mechanical container as defined herein.
C. Commercial Solid Waste Collection Service
(1) Conditions and Frequency of Service
The Franchisee shall collect and dispose of all Commercial Solid Waste in the Service Area,
except Special Waste. A minimum of once per week service is required of all customers, or such other minimum
frequency as provided for by law. Such service shall be provided by mechanical Container as defined herein.
However, where a customer generates less than one (1) one cubic yard of waste per week, Garbage Receptacles
provided by the customer may be utilized The size of the Container and the frequency of collection shall be
determined between the customer and the Franchisee. However, size and frequency shall be sufficient to provide
that no Commercial Solid Waste need be placed outside or above lid level of the Container. Storage capacity
shall be suitable for the amount of waste generated by the customer. In the event the customer and the
Franchisee cannot reach an agreement as to the level and type of service to be provided, the Contract
Administrator shall make a decision binding on both parties, including the location and size of Containers and
the required number of pickups per week. Putrescible waste shall be picked up a minimum of two times per
week.
All Commercial Solid Waste shall be placed in a Container, Compactor or Garbage Receptacle.
Vegetative Waste shall not ne commingled with Garbage. Where Garbage Receptacles are used, they shall be
placed at the roadside or at such other single collection point as may be agreed upon between the Franchisee and
the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the
Franchisee and the customer. Any Container or Compactor damaged by the Franchisee shall be repaired or
replaced by the Franchisee within seven (7) days.
--
Compactors may be obtained by customers from an source, provided that such Compactors
are of a type that can be serviced by the Franchisee's equipment. The customer shall be completely responsible
for its proper maintenance. Compactor collection frequency shall be a minimum of once per week and shall be
sufficient to contain waste without spillage.
(2) Method of Collecting
Collection shall occur on a regular basis with a frequency of pick -up as provided herein and the
size of the Container to be agreed upon between the Franchisee and the customer.
(3) Level, Type and Disclosure of Rates for Commercial Collection and Other Services
a. Commercial Collection: The Franchisee shall only charge rates as set forth in Exhibit II or as
otherwise allowed by this Agreement. A written agreement between the Franchisee and the customer shall be
entered into regarding the level and type of service to be provided and manner of collection of fees. The fees
charged to the customer by the Franchisee may vary in accordance with the rate schedule in Exhibit II based on
changes in size of Containers and/or changes in frequency of collection. The terms and conditions of such
agreement shall be in compliance with all provisions of this Agreement. The customer shall subscribe to a level
of service sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure
of the parties to reach such as agreement, the Contract Administrator or his or her designee shall establish the
level and type of service to be provided, including the location, size of the Container and number of pick -ups per
week, and the "total rate" to be charged within the approved rate limits contained in Exhibit II. The Franchisee
will be responsible for the billing and collection of Commercial Collections Service except as otherwise provided
in this Agreement.
b. Disclosure: The written Agreement between the Franchisee and the customer shall be in a
separate document as specified in Exhibit III.
D. Hours of Collection
Curbside Residential Solid Waste Collection Service shall be provided between the hours of 5:00 a.m.
and 6:00 p.m. Monday through Saturday. Dwelling Units receiving Containerized Residential Solid Waste
Collection Service and non - residential collection sites located adjacent to residential units shall be considered
residential collection and shall only be collected between the hours of 5:00 a.m. and 6:00 p.m. Monday through
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Saturday. Other non - residential locations may be collected at any time. The hours of collection may be
extended due to extraordinary circumstances or conditions with the prior consent of the Contract Administrator.
E. Routes and Schedules
For Residential Solid Waste Collections Service, the Franchisee shall provide the Contract
Administrator, in a format acceptable to the Contract Administrator, the schedules for all Collection routes and
keep such information current at all times. If any changes in the Collection routes occur, then the Contract
Administrator shall be immediately notified in writing not less than four (4) weeks prior to the change. In the
event of a permanent change in routes or schedules that will alter the day of pick -up, the Franchisee shall
immediately notify the customer(s) affected, in writing or other manner approved by the Contract Administrator,
prior to the change, at no cost to the Franchisor.
5. RECYCLING COLLECTION SERVICE
The Franchisee shall provide Residential Recycling Service and where requested by the customer,
Commercial Recycling Collection Service in the Service Area. The Franchisor shall be responsible for the
billing and collection of payments for Residential Recycling Collection Service. The Franchisee shall be
responsible for billing and collection of Commercial Recycling Collection Service costs.
Recyclables to be collected. The following Recyclables shall be collected in the Residential recycling collection
program:
Newspaper
• High Density Polyethylene (HDPE)/Polyethylene Terephthalate (PETE) Colored & Clear
Plastic
• Plastics #1 — #7 — Plastic lids and caps
• Office and Mixed (junk mail /magazines) Paper
• Chipboard, Cardboard and Phone Books
• Rigid Containers, defined as Aluminum Cans, HDPE and Pet Plastics, Glass (No Blue Glass),
Containers and Bi -Metal Cans
The Recyclables items listed may be amended by approval of the Contract Administrator, and the parties
agree to negotiate with respect to an adjustment of the rates to reflect any increased or decreased costs.
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A. Curbside Residential Recycling Collection Services will be governed by the following terms
and conditions:
(1) Conditions and Frequency of Service
The Franchisee shall provide Curbside Residential Recycling Collection Service to all Dwelling
Units receiving Curbside Residential Solid Waste Collection Service located in the designated Service Area and
to other such Dwelling Units as determined appropriate by the Contract Administrator. This service shall be
provided once every week, unless otherwise specified by the Franchisor on a scheduled route basis that shall
coincide with one of the three regularly scheduled solid waste collection pick -up days.
(2) Accessibility for Curbside Recycling Collection
All Recyclable Materials to be collected shall be in a Recycling Cart and/or Recycling
Container, as specified by the Franchisor, marked for Recyclable Materials identified with embossment or
stickers provided by Franchisee and shall be placed within six feet (6') of the curb; on a paved surface of the
road, in the closest accessible right -of -way, or other such location agreed to by the Franchisee, that will provide
safe and efficient accessibility to the Franchisee's collection personnel and vehicle. The Franchisee must collect
as many Recycling Carts and Containers, as the customer sets out. Where the customer is physically unable to
deliver Recyclable Materials to curbside and this is certified by the Contract Administrator, or the Dwelling Unit
is located in such a manner as to provide non - accessibility to the Franchisee's personnel or vehicle, an alternative
location may be arranged between the customer and the Franchisee at no extra cost to the customer. In the event
an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and
designate the location for pick -up. Franchisee may tag a recycle cart or container with a Non - collection notice
that is contaminated more than 10 %, and shall provide a list of containers tagged with a Non - collection notice to
the County's Solid Waste Administrator. The Franchisee shall pick up the cart or bin as solid waste if it is still
contaminated, or as recyclable material if it has been cleaned, in the next round of pick up.
B. Containerized Residential Recycling Collection Service will be governed by the following
terms and conditions:
(1) Conditions and Frequency of Service
The Franchisee shall provide this service to Dwelling Units as are designated by the Franchisor that are
located in the Service Area. This service shall be provided at least once every week on a scheduled route basis
as set forth in Paragraph 2, below.
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(2) Accessibility and Schedule for Containerized Residential Recycling Collection
All Recyclable Materials to be collected shall be in a Recycling Cart or Container designated for
Recyclable Materials that shall be located in such location and shall be collected on a schedule by the Franchisee
that will provide safe and efficient accessibility to the Franchisee's collection personnel and vehicle. In the event
an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and
designate the location for pick -up.
(3) Multi - Family Premises
Franchisee shall provide recycling cart or bin service for all recyclable materials generated at
all Multi- Family Premises. Where space prohibits the use of a 65 gallon cart, the Franchisee will provide resident
with an 18 gallon recycling bin upon request.
C. Commercial Recycling Collection Service
The Franchisee shall perform Commercial Recycling Collection Services on behalf of the Franchisor for any
business in the Service Area where the Franchisee has arranged, negotiated, or contracted for such service, and
Franchisee shall have the right to solicit Commercial Recycling Collection Service agreements with any business
in the Service Area upon terms and conditions consistent with this Agreement, and Franchisee shall provide
loading collection, transporting and removal services for recovered materials in the Service Area.
(1) Conditions and Frequency of Service
The Franchisee shall provide Commercial Recycling Collection Service to all business or
commercial entities located in the designated Service Area. The size and frequency of the Container designated
for Recyclable Materials shall be determined between the customer and the Franchisee. If the customer and
Franchisee cannot agree, the Contract Administrator shall make the decision. However, size and frequency shall
be sufficient to provide that no Recyclable Materials need be placed outside the Container. Storage capacity
shall be suitable for the amount of recyclables generated by the customer. The Franchisee shall provide
Containers as necessary. Containers may be obtained by customers from the Franchisee. The customer shall be
completely responsible for the container's proper maintenance. Container frequency of collection shall be
sufficient to contain the waste without spillage. Compactors may be obtained by customers from any source
provided that such compactor must be of a type that can be serviced by the Franchisee's equipment. The
customer shall be completely responsible for the compactor's maintenance. All Commercial Recyclable
Materials shall be placed in a Container, Compactor or other acceptable Recycling Container. Recyclable
Material shall not be commingled with other solid waste. Where Recycling Carts or Containers are used, they
shall be placed at an accessible location or at such other single collection point as may be agreed upon between
the Franchisee and the customer. All Containers shall be kept in a safe, accessible location agreed upon between
the Franchisee and the customer. Any Container, Recycling Cart or Recycling Container damaged by the
Franchisee shall be repaired or replaced by the Franchisee within seven (7) days.
(2) Level, Type and Disclosure of Rates for Commercial Recycling Collection and
Other Services
A written Agreement between the Franchisee and the customer shall be entered into regarding
the level and type of service to be provided and manner of collection of fees. The terms and conditions of such
Agreement shall be in compliance with all provisions of this Franchise Agreement and the term shall not extend
beyond the term of this Agreement, as stated in Section 1. The customer shall subscribe to a level of service
sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the
parties to reach such an agreement, the Contract Administrator, or his or her designee, at the election of the
customer and Franchisee, may establish the level and type of service to be provided, including the location, size
of the Container and number of pick -ups per week and the "total rate" to be charged within the approved rate
limits contained in Exhibit IL The Franchisee will be responsible for the billing and collection of Commercial
Recycling Collection charges except as otherwise provided in this Agreement. The written Agreement between
the Franchisee and the customer shall be as specified in Exhibit III.
(3) Ownership
Notwithstanding any other provision of this Agreement, a commercial generator of Recyclable Materials
retains ownership of those materials until it donates or sells, or contracts for the donation or sale of, those
materials to another person or entity. Nothing in this Agreement shall prevent a person or entity engaged in the
business of recycling, whether for profit or non - profit, from accepting and transporting Recyclable Materials,
under contract with a commercial generator, from such commercial generator when such Recyclable Materials
have been purchased from or donated by the commercial generator, and no charge is made to or paid by the
commercial generator for the loading, collection, transporting or removal of such Recyclable Materials.
Provided, however, that such activities are subject to applicable state and local public health and safety laws, and
provided that the transporter must report such information to the Franchisor as may be necessary for the
documentation of state - mandated recycling or reduction goals.
2a
D. Method of Payment
The Franchisor will be responsible for the billing and collection of payments for Residential
Recycling Collection Service. Payments from the Franchisor to the Franchisee will be due and paid no later than
the tenth (10` day of the month following service. The initial collection rate per unit per month shall be as set
forth in Exhibit II. This rate shall be adjusted in subsequent years in accordance with Section 6.
The Franchisee shall be responsible for billing and collection of payments for Commercial
Recycling Collection Service, at the rates as set forth in Exhibit II. The rates set forth in Exhibit II shall be
adjusted in subsequent years in accordance with Exhibit IV.
E. Hours of Collection
Residential Recycling Collection Service shall be conducted between the hours of 5:00 am. and
6:00 p.m., Monday through Saturday. Dwelling Units receiving Containerized Residential Recycling Collection
Service and non - residential collection sites located adjacent to residential units shall be considered residential
collection and shall only be collected between the hours of 5:00 a.m. and 6:00 p.m., Monday through Saturday.
hi the event of a dispute, the Contract Administrator shall determine the hours of collection.
F. Routes and Schedules
The Franchisee shall provide and keep current with the Contract Administrator, or his or her
designee, in a format acceptable to the Contract Administrator, an up -to -date route schedule map for all
Residential Recycling Collection Service routes. The Franchisee shall notify the Contract Administrator in
writing of any change in any route schedule four (4) weeks prior to such change. In the event of a permanent
change in the routes or schedules that will alter the pick -up day, the Franchisee shall immediately notify the
affected customer in writing or other method approved by the Contract Administrator not less than two (2) weeks
prior to the change, at no cost to the Franchisor.
G. Purchase, Delivery, and Replacement of Recycling Carts and Containers for Residential
Dwelling Units
(1) Within thirty (30) days of the Franchisor's approval date of this Agreement the
Franchisee shall order the recycling Carts, and shall deliver them to all residential customers' homes no later
than October 1, 2014. Throughout the term of this agreement and any renewal period, the Franchisee will
25 T
purchase at its expense, and at residential customers' request, one sixty-five (65) gallon Recycling Cart per
Residential Unit for use within the Service Area. The Franchisee shall purchase and provide two (2) Recycling
Containers per Residential Unit for areas where the carts cannot be used — as directed by the Franchisor.
(2) The Franchisor shall approve the specifications of the Recycling Carts in writing prior to
purchase by the Franchisee. Franchisee shall submit a written request for authorization to the Franchisor, and
shall include the specified color, materials, County logo (may be placed on the lid label), and list of acceptable
recyclable materials. Franchisee will only replace at its expense any Recycling Cart or container damaged
through the fault or negligence of the Franchisee or its employees. An additional or replacement Recycling Cart
may be purchased by a Resident for Sixty Dollars ($60.00). Additional or replacement bins shall be provided at
no charge. Initial delivery of the carts shall be made directly to the residents' homes, and shall not be placed
curbside.
(3) In the event of a storm event where carts may be lost or damaged by the storm, the Franchisee
shall not be responsible for purchasing the replacement carts. Residents shall be required to purchase their
replacement cart from the Franchisee at a cost of $60.
H. Manner of Collection
The Franchisee shall collect Recyclable Materials with as little disturbance as possible and shall
leave the Recycling Cart, Recycling Containers or Container housing Recyclable Materials at the same point it
was collected. To be eligible for Curbside Residential Recycling Collection Service, Recyclable Materials must
be put in a Recycling Cart or Container. All Recyclable Materials set out by the customer that meet these
criteria shall be collected.
I. Material Recycling Facility
The Franchisee shall deliver all Recyclable Materials collected from the Service Area to the
facility designated, in writing, by the Contract Administrator. The Franchisee is responsible for the delivery of
clean, non - contaminated Recyclable Materials. Contaminated materials are defined as those materials that
require extensive sorting and/or disposal as determined by the supervisor of the County's recycling facility.
4k)
J. Change in Scope of Recycling Collection Service
From time to time, at the sole option of the Franchisor, it may be necessary to modify the scope
of Recyclable Materials that will be included in Recycling Collection Service. Should this occur, the Franchisor
and the Franchisee agree to enter into good faith negotiations to amend this Agreement to reflect the impact of
any such modification.
5. CHARGES, RATES, AGREEMENT AMOUNT AND LEVELS OF SERVICE
A. Obligation of Franchisor for Billing, Collection and Payments
(1) Specific Responsibilities
The Franchisor or its designee will be responsible for the billing and collection of payments for
Residential Solid Waste Collection Services with the exception of any Special Services provided by the
Franchisee. Billing and collection of these services will be the responsibility of the Franchisee.
The Franchisor shall make monthly payments in arrears to the Franchisee for the Residential
Solid Waste Collection Service provided pursuant to this Agreement. The Franchisee shall be entitled to
payment for services rendered irrespective of whether the Franchisor collects from customers for such services.
Payments from the Franchisor will be due and paid to the Franchisee no later than the tenth (10 ' day of the
month following the month during which services were rendered. Franchisee shall service all residential units.
If Franchisee is in doubt as whether units are being billed, Franchisee will contact the Contract Administrator.
On or before October I", and before commencement of work by the Franchisee under the terms
of this Agreement, the Franchisor shall provide to the Franchisee the estimated total number of units to be
serviced. By November I' of each Fiscal Year, the Franchisor shall provide to the Franchisee a copy of the
annual assessment roll providing a detailed listing of all the units to receive these services. Thereafter, and for
the duration of this Agreement, the Franchisor shall promptly notify the Franchisee of new residential units to be
served and /or deleted and payment will be adjusted accordingly. New Dwelling Units that are added for service
during the Franchisor's Fiscal Year will be added to the customer service list and payment will be paid by the
Franchisor to the Franchisee in the Franchisee's monthly payment. Payment will be prorated based upon the
date of the Certificate of Occupancy.
(2) Units Omitted from Annual Roll
In the event the Franchisee provides service to Dwelling Units whose parcel was not included on
the annual assessment roil provided by the Franchisor, the Franchisee must provide a written list of such
27
Dwelling Units to the Contract Administrator as soon as possible after receipt of the assessment role. Upon
receipt of such written list by the Franchisor, the Contract Administrator will, within thirty (30) days, verify the
customer address and that service to the unit is proper, and, if proper, shall remit monthly payments to the
Franchisee for such service effective as of October I' of the Fiscal Year or the date service began, whichever is
later. The Franchisor reserves the right to correct any errors of omission or commission per the laws and rules
that govern the Franchisor. In the event the Franchisor pays the Franchisee for a residential unit in error, for any
reason, the Franchisee shall notify the Contract Administrator. Upon determination of any overpayment, the
Contract Administrator will verify the error and make an appropriate adjustment to the Franchisee's payment to
correct the error.
B. Solid Waste and Recycling Collection Rate Adjustments
(1) For all Collection services, the charges shall be initially based on the rates established in
Exhibit II, and as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive periodic
adjustments in the Residential Solid Waste and Recycling Collection Service, and annual adjustments to the
Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service s as specified herein.
The Franchisee shall provide Commercial customers written notice of a potential rate change in its annual
September billing period. The periodic adjustment shall be made to the combined category of Residential Solid
Waste Collection Service and Residential Recycling Collection Service. The annual adjustment shall be made to
the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection
Service, and the CPIU for such shall not exceed 5% annually. CPIU increases beyond 5% shall require BOCC
approval and an amendment to the Agreement.
(2) The adjustment to Residential collection shall be made in accordance with the percentage change in
the Miami / Ft. Lauderdale All Urban Consumers All Items Price Index for all urban consumers ( "CPIU ") for the
most recent twelve (12) months available, ending in February, but shall not exceed 2.5 %. Residential
adjustments for the combined Residential Solid Waste and Recycling Collection shall be allowed as follows:
Years 1, 3, 5, 6, 7 — No CPI Adjustment allowed
Years 2, 4, 8, 9, 10 — up to a maximum 2.5% CPI Adjustment allowed
Effective October 1, 2014, contingent upon Board of County Commission approval of the periodic and annual
rate adjustments, the Franchisee will receive the specified CPI adjustment.
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C. Agreement Amount
(1) Residential: The COUNTY shall pay the Franchisee in current annual funds for the
Franchisee's performance of this Agreement for residential collection services. Funding for years 1 -10 of the
residential collection services are estimated as follows, which includes the estimated periodic CPI increases as
allowed and specified herein:
Year 1
$2.61 Million
Year 2
$2.68 Million
Year 3
$2.68 Million
Year 4
$2.75 Million
Year 5
$2.75 Million
Year 6
$2.75 Million
Year 7
$2.75 Million
Year 8
$2.82 Million
Year 9
$2.89 Million
Year 10
$2.96 Million
Total Estimated Amount Paid To Franchisee for Residential Services: $27.64 Million
These numbers represent estimated numbers only, and are based on estimated quantities of materials
and allowed periodic CPI increases. Actual numbers are expected to vary. These estimates are not
meant as a minim or maximum amount to be guaranteed under this Agreement on behalf of either
the County or the Franchisee.
(2) Commercial: The Franchisee shall collect funds from its commercial customers for
all commercial collection services, and no funds from the County will be payable to the Franchisee for
commercial collection services. The estimated annual amount of funds to be collected by the
Franchisee from its commercial customers is estimated as follows, which is based on current
commercial rates and estimated annual CPI increases:
Year 1 $884 Thousand
Year 2 $866 Thousand
Year 3 $888 Thousand
Year 4 $910 Thousand
Year 5 $933 Thousand
Year 6 $956 Thousand
Year 7 $980 Thousand
Year 8 $1.00 Million
Year 9 $1.03 Million
Year 10 $1.05 Million
Total Estimated Amount Collected By Franchisee for Commercial Services: $9.5 Million
D. Compiled Statement of Activities and Certified Annual Audits.
(1) The Franchisee shall deliver to the Franchisor, in a format shown in Exhibit IV, (as may be further
revised by the Contract Administrator from time to time), a complied Statement of Activities (income statement)
including, at a minimum, the results of operations of the Franchisee for each Service Area. Additionally, an
annual audit report shall be prepared by a Florida Certified Public Accountant (Auditor) who maintains
malpractice insurance, and is a member of the American Institution of Certified Public Accountants (AICPA).
The Auditor shall conduct an audit of the Franchisee's books and records that relate to the Franchise Fee paid to
29
the Franchisor in accordance with generally accepted accounting standards. Franchisee' Audit reports shall be
submitted to the Franchisor within one - hundred and twenty (120) days of the end of the Franchisee's fiscal year.
(2) The Franchisor and Franchisee understand and agree that time is of the essence regarding receipt of
the compiled financial statement and audit reports. Therefore, if the franchisee fails to provide the Franchisor
with the financial statement on or prior to the date prescribed herein, the Franchisee shall pay the Franchisor the
sum of two hundred fifty dollars ($250.00) per day for each calendar day the submittal is late. No extension will
be granted except for uncontrollable circumstances as referred to in Section 21. No rate adjustments of any type
will be granted to the Franchisee unless all required financial statements have been filed in a timely manner.
E. Solid Waste Disposal and Recycling Processing Costs
Residential solid waste disposal and residential recycling processing costs will be part of the special
assessment billed by the Franchisor. Commercial costs and commercial recycling processing charges will be
billed by the Franchisee and submitted on a monthly basis to the Franchisor in a format proscribed by the
Contract Administrator. This monthly billing statement shall be due by noon on the tenth (10) day of each
month, or the first business day thereafter, and shall contain information pertaining to the preceding month.
Information provided on the monthly billing statement shall be complete and accurate, and falsification of same
shall be a criminal offense and shall be considered as a cause for Default under this Agreement as specified in
Article 30 of this Agreement.
F. Extraordinary Rate Adjustment
The Franchisee may petition the Franchisor at any time for an addition rate adjustment on the basis of
extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent
operator. The Franchisee's request shall contain substantial proof and justification, as determined by the
Contract Administrator, to support the need for such rate adjustment. The Franchisor may request from the
Franchisee such further information as may be reasonably necessary in making its determination. The
Franchisor shall, at its sole option, approve or deny the request, in whole or in part, within sixty (60) days of
receipt of the request and all other additional information required by the Franchisor.
-40
G. Franchise Fee
To compensate for the cost of administration, supervision, inspection, and to fund a Countywide
recycling program, consisting of County staff (labor, benefit and operating cost), public education materials,
brochures, and premiums, rendered for the effective performance of this Agreement, the Franchisee shall pay to
the Franchisor a fee of five percent (5 %) of all gross revenues charged, collected or received arising out of any
services or operations conducted in the Service Area. Commercial solid waste disposal costs, commercial
recycling collection costs, commercial recycling processing costs, any revenue paid to the Franchisee as a results
of the diesel fuel surcharge adjustment per section 6(F), and any credit card convenience fee received by the
Franchisee from customers using credit cards, shall be deducted from the gross revenue total prior to applying
the 5% for calculation of the franchise fee due to the Franchisor. Fees shall be payable within forty -five (45)
days of the last day of each calendar quarter.
H. Diesel Fuel Surcharge
The Franchisor, at its sole discretion, may authorize the Franchisee to collect a diesel fuel surcharge
adjustment from commercial customers for commercial collection activities to reflect any significant changes in
the cost of diesel fuel as determined by reference to the Energy Informant Administration of the US Department
of Energy ( "EIA /DOE ") website that - reports average prices of diesel fuel for the "Lower Atlantic" United States.
The link is as follows: http: / /tonto.eia.doe. og v/ooa /info /wohdp /diesel.asp The Franchisee must petition the
County BOCC to make this request, and must provide sufficient documentation to demonstrate that increases in
the price of diesel fuel have occurred. Such petition may not be made unless the price of diesel has risen a
minimum of 10% over that price for diesel fuel existing on the EIA / DOE website for the Lower Atlantic United
States as of the date of the execution of the Agreement ( "the base fuel price "). An amendment to this Contract, if
approved by the County BOCC, shall be executed to authorize any such annual or periodic surcharge adjustment
before it is implemented. Such adjustment shall not be requested by the Franchisee prior to year three (3) of the
Agreement. If approved, the Franchisee shall submit to the Franchisor, no later than the 10`" of the following
month, a report listing the total number of gallons and cost of diesel fuel purchased in the previous month and
includes copies of diesel fuel supplier invoices and individual service area truck fueling tickets. If approved, the
Franchisee may add a line item to each commercial bill for such fuel surcharge.
I. Convenience Fee:
In addition to the Special Service Rates charged pursuant to Article 8 and Exhibit V, Franchisee
may include a convenience fee charge on customers using a credit card to pay special service charges. The
3I
convenience fee shall be a "pass through" fee and will not exceed the fee charge by the customer's credit card
company to the Franchisee for the use and processing of the charge.
7. HOLIDAYS
The Monroe County Transfer Stations will be closed on Thanksgiving Day, Christmas Day and New
Year's Day. The Franchisee shall not be required to collect Solid Waste, Vegetative Waste, and Recyclable
Material or maintain office hours only on these designated holidays. Services not provided on the designated
holidays shall resume on the next scheduled service day.
A. Service Fee
If requiring a designate facility to remain open outside its regular business hours the Franchisee shall be
charged a Service Fee of Hundred Fifty Dollars ($150.00) per hour for every hour (or portion thereof) the site
remains open. If the roads are closed due to an act of God or a known accident, such fee shall not apply. The
Franchisee shall notify the Franchisor's Solid Waste Administrator or designee as soon as identified, about any
event such as a disabled, truck, accident, or shortage of staff that will cause delays in the Franchisee's normal
collection schedule and cause the need for the transfer station(s) to remain open past the regular stated closing
time. Franchisee shall provide documentation regarding such event for Franchisor's approval before Franchisor
determines if a charge is in order.
8. SPECIAL SERVICES
Rates charged for Special Services may not exceed the special services rates as listed in Exhibit V, and
as subsequently adjusted pursuant to this Agreement. The Franchisee shall receive an annual adjustment to the
Special Services Rates in accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI -U) for the most recent 12 months available, ending in February. In the event the requested
special service is not included within Exhibit V, the Franchisee may negotiate with the customer for the rate.
Upon failure of the parties to reach an agreement on the rate, the Contract Administrator shall establish the rate.
The Franchisee shall be responsible for billing and collection of payment for all Special Services.
Disabled Service. Upon authorization from Franchisor, Franchisee shall provide Disabled Service,
which includes rolling out of containers from the front/side yard, at no additional cost, for accounts associated
with physically disabled individuals who provide a doctor's statement certifying their disabled status and
32
expected duration, along with a signed, sworn statement in a form provided by Franchisee stating that no able -
bodied person is available at the residential premises to bring carts to the collection location.
9. PUBLIC AWARENESS PROGRAM
The Franchisee shall provide the services or activities as set forth in Exhibit VII. The Franchisee shall
assist the Franchisor with the Public Awareness Program by distributing door hangers, stickers, flyers or other
media to residential and commercial customers as requested by the Franchisor. Additionally, it is the
Franchisee's responsibility to provide information to the Franchisor about those customers who repeatedly do not
prepare or set out their Recyclable Material or solid waste as specified within this Agreement.
The Commercial Recycling customers will also be notified, by the Franchisor through the Franchisee,
about special commercial recycling events, workshops, educational forums and symposiums and other activities,
as needed.
10. MANNER OF COLLECTION
The Franchisee shall collect Residential Solid Waste, Vegetative Waste and Recyclable Materials and
Commercial Solid Waste and Recyclable Materials with as little disturbance as possible and shall leave any
receptacle at the same point it was collected.
Any cart or container damaged by the Franchisee will be replaced by the Franchisee within seven (7)
days, at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be
similar in style, material, quality and capacity. Throwing of any garbage receptacle, container or recycling Cart
or container is prohibited.
To be eligible for pick -up, Residential Solid Waste and Vegetative Waste — Regular must be placed in a
Garbage Receptacle. Vegetative Waste — Oversize and Bulk Trash as defined in Sections 2.SS and 2.0 of this
Agreement shall be properly bundled and picked up by the Franchisee within five (5) business days of
notification by the resident of the Dwelling Unit. Vegetative Waste — Oversize and Bulk Trash must be placed at
an accessible pick -up location. Oversize Vegetative Waste will be subject to additional charge as set forth herein,
according to Exhibit II
33
11. PERSONNEL OF THE FRANCHISEE
A. The Franchisee shall assign a qualified person or person to be in charge of the operations within
the Service Area and shall give the name(s) of the person(s) to the Contract Administrator.
B. The Franchisee's solid waste collection employees shall wear a uniform or shirt bearing the
Franchisee's name during operations.
C. Each driver of a collection vehicle shall at all times carry a valid Florida driver's license for the
type of vehicle being driven.
D. The Franchisee's name and office telephone number shall be properly displayed on all solid
waste and recycling collection vehicles and containers provided by the Franchisee.
E. The Franchisee shall provide operating and safety training for all personnel.
F. The Franchisee's employees shall treat all customers in a polite and courteous manner.
12. SPILLAGE
The Franchisee shall not litter or cause any spillage to occur upon the premises or the right -of -way
wherein the collection shall occur. During hauling, all solid waste, vegetative waste and recyclable material shall
be contained, tied, or enclosed so that leaking, spilling and blowing are prevented. In the event of any spillage or
leakage caused by the Franchisee, the Franchisee shall promptly clean up all spillage and leakage at no cost to
the Franchisor.
13. SOLID WASTE AND RECYCLING FACILITIES
All Residential Solid Waste, Commercial Solid Waste, Vegetative Waste and Recyclable Material shall
be delivered to a site or facility designated in writing to the Franchisee by the Contract Administrator. If the
Franchisor should request the Franchisee to deliver to a site or facility that is a greater distance than the nearest
site or facility, the Franchisor shall compensate the Franchisee for such additional directly- related costs based on
a "cost per truck mile" annually agreed upon by the Franchisor and the Franchisee. The Franchisee shall provide
to the Franchisor by August I' of each year written notice indicating the estimated cost of operation per truck
i4
mile that shall be in effect for the twelve (12) month period beginning October 0. The Franchisor shall provide
the Franchisee written notice of approval or denial of the proposed cost by August 15 If denied, the Franchisor
and Franchisee agree to negotiate in good faith and reach agreement regarding the estimated cost per truck mile.
Such agreement shall not be unreasonably withheld by the Franchisor or Franchisee. If an agreement cannot be
reached, the Franchisee may petition the Board of County Commissioners for a final hearing on the denial. Such
decision by the Board shall be final.
In the event a load of Recyclable Materials delivered to the designated facility contains more than ten
percent (10 %) by weight of the total load, material that is not Recyclable Material, or there is more than ten
percent (10 %) the Franchisee has the right to reject the load and charge the customer the full disposal fee for
each ton within the load. The Franchisee may pass this cost through to a commercial customer in the event the
Franchisee can prove the customer caused the contamination to the satisfaction of the customer. In the event of a
dispute, the Contract Administrator will determine whether the Franchisee or the customer will absorb the
disposal fee. It is the responsibility of the Franchisee to notify the Franchisor of any customer who has on more
than three (3) occasions contaminated the Recyclable Materials.
14. COLLECTION EQUIPMENT
The Franchisee shall have on hand at all times and in good working order such equipment as shall permit
the Franchisee to adequately and efficiently perform the contractual duties specified in this Agreement. Upon
execution of this Agreement and annually thereafter, the Franchisee shall provide, in a format specified by the
Contract Administrator, a list of the equipment to be used by the Franchisee to provide services relating to this
Agreement. Solid Waste collection equipment shall be of the enclosed loader packer type, or other equipment
that meets industry standards and is approved by the Contract Administrator. All equipment shall be kept in
good repair and appearance and in a sanitary, clean condition at all times.
Recycling Materials collection equipment shall meet industry standards, be reasonably approved by the
Contract Administrator and be compatible for unloading at the designated facility. Equipment utilized for the
collection of Recyclable Materials shall be clearly identified for that purpose. The Franchisee shall have
available reserve equipment that can be put into service the same day as the occurrence of any breakdown. Such
reserve equipment shall correspond in size and capacity to the equipment used by the Franchisee to perform the
duties of this Agreement.
35
15. VEGETATIVE WASTE
All Vegetative Waste shall be collected separately from Residential Solid Waste, Commercial Solid
Waste and Recyclable Materials. All tree and shrub trimmings, grass clippings, palm fronds and all tree
branches or other similar loose waste shall be tied in bundles or placed in containers. Oversize Vegetative Waste
must be no more than six feet (6') in length and placed neatly at the curb.
16. SPECIAL WASTE, HAZARDOUS WASTE, BIOLOGICAL WASTE, BIOMEDICAL WASTE
AND SLUDGE
The Franchisee shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous Waste, Biomedical Waste or Sludge, but may offer such service in the Service Area. All such
collection and disposal for those types of wastes in this Section are not regulated or exclusive under this
Agreement, but if provided by the Franchisee shall be in strict compliance with all Federal, state and local laws
and regulations.
17. OFFICE
The Franchisee shall maintain an office within Monroe County where complaints shall be received. It
shall be equipped with sufficient telephones, and shall have responsible persons in charge during collection
hours, and shall open during normal business hours, 8:00 a.m. to 2:00p.m., Monday through Friday. Franchisee
shall maintain a local telephone number during both normal office hours and after - hours. The Franchisee shall
provide an answering machine or service during non -office hours for the receipt and forwarding of customer
inquiries and shall daily check for messages received during the 2:00 - 5:00 p.m. period and promptly respond by
the next morning. The Franchisee shall provide a contact person for the Franchisor to reach during all non -office
hours. The contact person must have the ability to authorize Franchisee operations in the case of Franchisor
direction of situations requiring immediate attention. Franchisee shall provide a local office for response to all
customer inquiries. "Local" shall be defined as an office within the Franchisee's service area.
18. COMPLAINTS
All service complaints shall be directed to the Contract Administrator or the Franchisee. All complaints
received by the Contract Administrator will be forwarded daily to the Franchisee by telephone or other electronic
means. All complaints received by the Franchisee shall be recorded on a form approved by the Contract
3b
Administrator. All complaints shall be resolved within twenty -four (24) hours after receipt by the Franchisee.
When a complaint is received on a Saturday or the day preceding a holiday, as specified in this Agreement, it
shall be resolved by the Franchisee no later than the next regular working day. If a complaint cannot be resolved
within twenty -four (24) hours, the Contract Administrator shall be notified. Upon resolution, the Franchisee
shall notify the Contract Administrator or his or her designee of the action taken to resolve the complaint on the
approved form.
The Franchisee shall provide the Contract Administrator a full written explanation of the disposition of
any complaint involving a claim of damage to private or public property as a result of actions of the Franchisee's
employee, agent or subcontractor.
19. QUALITY OF SERVICE
A. It is the intent of this Agreement to ensure that the Franchisee provides a quality level of solid
waste and recycling collection services.
(1) To this end, all complaints received by and/or referred to the Franchisee shall be
promptly resolved pursuant to the provisions of Section 18 of this Agreement.
(2) An excess of legitimate complaints shall be a determining factor in the Franchisor's
decision to exercise the renewal option as specified in Section 1. An excess of legitimate complaints shall be
defined as an amount that exceeds two percent (2 %) of the total customers served by the Franchisee within the
Service Area during any Franchisor fiscal year. The legitimacy of a complaint shall be determined by the
Contract Administrator or his or her designee.
(3) Any occurrence of the following actions on the part of the Franchisee shall result in an
assessment of liquidated damages with the designated amount deducted from payments due or to become due to
the Franchisee:
A .ES- ii T.inuidatod namAAec
a. Failure to collect missed customers by 6:00 p.m. the same day
$25.00 per incident to a maximum
when given notice before noon, or by 12:00 noon the following
of $150.00 per truck per day
day when given notice between 12:00 noon and 5:00 p.m.
b. Legitimate complaints over ten (10) per month
$.150.00 per incident
c. Collection of Residential Solid Waste and/or Recyclables before
$150.00 per incident
5:00 a.m. or after 6:00 p.m.
.�. 37
d.
Commingling Solid Waste with Vegetative Waste, Recyclable
Materials, C&D Materials, or other waste material
$$150.00per incident
e.
Failure to clean spillage
$$150.O0per incident
f.
Failure to replace damaged container within seven days (two days
for residential)
$150.00per incident
g.
Failure to return containers or garbage receptacles to original
location
$150.00 per incident
h.
Failure to repair damage to customer property
$150.00 per incident
i.
Reserved for future use
j.
Failure to comply with designated facility regulations
$150.O0per incident
k.
Failure to provide clean, safe and sanitary equipment
$150.00 per incident
1.
Failure to maintain office hours as required
$150.00 per incident
m.
Operator not licensed
$150.00 per incident
n.
Failure to provide documents and reports in a timely and accurate
manner
$150.00 per incident
o.
Failure to cover materials, if appropriate, on collection vehicle(s)
$150.00 per incident
p.
Name and phone number not displayed on equipment or
containers
$150.00 per incident
q.
Providing exclusively prohibited service in another Franchisee's
area, without prior authorization by the Contract Administrator
$150.00 per incident
r.
Not providing schedule and route maps
$150.00 per incident
s.
Excessive noise generated by service equipment and/or personnel
$150.00 per incident
t.
Using improper truck to service commercial or residential
customer
$150.00 per incident
u.
Failure to submit disclosure notice to customer or Contract
Administrator
$150.00 per incident
v.
Failure to report recycling activity monthly (on or before the 10`
day of the following month) in the format determined by the
Franchisor, for the purpose of tracking and verifying County-
wide recycling activity
$150.00 per incident
38
w.
Failure to offer a corresponding reduction in the level of solid
$150.00 per incident
waste service with the implementation of commercial recycling
x.
Failure to submit the financial statements, reports and other
$1000.00 per calendar day
information as required under this Agreement by the prescribed
date
y.
Failure to respond to complaints and customer calls, including
$150.00 per incident
commercial recycling customers, in a timely and appropriate
manner
z.
Failure to complete a route on the regularly scheduled pick -up
$1,000 for each route per day not
day
completed
aa.
Failure to deliver any Residential or Commercial Solid Waste,
$1,000 for I" offense;
Vegetative Waste or Recyclable Materials to designated facility
$2,500 for 2" offense;
Loss of franchise for P offense
bb.
Failure to provide proper notification prior to residential route
$1,000 per incident
changes
cc.
Failure to finish the uncompleted route (s) of the previous day on
$1,500 for each failure to complete
the next calendar day
The Contract Administrator may assess charges pursuant to this Section. The Franchisee will be notified
in writing of the administrative charges assessed and the basis for each assessment. In the event the Franchisee
wishes to contest any such assessment, it shall within five (5) days after receiving such notice, request in writing
an opportunity to be heard by the Contract Administrator and present its defense to such assessment. The
assessment will only be deducted following a determination by the Contract Administrator. The decision of the
Contract Administrator will be final.
20. FILING OF REQUESTED INFORMATION AND DOCUMENTS
A. In addition to any other requirements of this Agreement, the Franchisee shall be required to file
pertinent statistical and aggregate cost information pertaining to residential and commercial solid waste
collection and recycling, solid waste and yard waste collection services that is requested by the Franchisor to
comply with the provisions of Chapter 403, F.S., as amended, and any other pertinent laws and regulations. The
Franchisee will also be required to submit a monthly operations report in a format prescribed by the Contract
Administrator. The results of all recycling, solid waste and yard waste activity conducted by the Franchisee in
39
the Service Area during each month, residential or commercial, shall be reported accurately to the Franchisor in a
format and such dates as specified by the Franchisor, on or before the 10"' day of the following month.
B. The Franchisee shall file and keep current with the Franchisor documents and reports required
by this Agreement. By September I" of each year this Agreement is in effect, the Franchisee shall ensure and
certify to the Franchisor that all required documents such as, but not limited to, certificates of insurance, audits,
performance bonds or letter of credit, route schedules and maps, driver's license certifications, and lists of
collection equipment vehicles are current and on file with the Franchisor. Failure to file any document or report
within five (5) working days of the required filing date, except where granted an extension by the Contract
Administrator, may result in the levy of liquidated damages as provided in Section 19.
21. UNCONTROLLABLE CIRCUMSTANCES
Neither the Franchisor nor Franchisee shall be considered to be in default of this Agreement if delays in
or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of
reasonable diligence, the non - performing party could not avoid.
Neither party shall, however, be excused from performance if non - performance is due to forces that are
preventable, removable, or remediable and that the non - performing party could have, with the exercise of
reasonable diligence, prevented, removed or remedied with reasonable dispatch. The non- performing party shall,
within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement.
22. PERMITS AND LICENSES
The Franchisee shall obtain, at its own expense, all permits and licenses required by law for the
Franchisee's operation under this Agreement and maintain the same in full force and effect.
23. PERFORMANCE BOND
The Franchisee shall furnish to the Franchisor a performance bond executed by a surety company
licensed to do business in the State of Florida and/or a clean irrevocable letter of credit issued by a bank within
Monroe County to ensure the faithful performance of this Agreement and all obligations arising hereunder in the
40
appropriate amount determined in accordance with Exhibit VI. As to the clean irrevocable letter of credit or
bond provided hereunder, each may be substituted for the other upon approval by the Franchisor. The form of
this bond or letter of credit, and the Surety Company, shall be acceptable to the Franchisor's attorney, and shall
be maintained during the term of this Agreement. The bond shall be endorsed to show the Franchisor, a political
subdivision of the State of Florida; and shall also provide that bonds shall not be canceled, limited or non -
renewed until after thirty (30) days written notice have been given to the Franchisor. Current performance bonds
evidencing required coverage must be on file at all rimes.
24. WORKERS' COMPENSATION INSURANCE
Workers' Compensation Insurance coverage must be maintained in accordance with statutory
requirements, as must be Employer's Liability Coverage in an amount not less than $1,000,000.00 per incident.
The full Workers' Compensation requirements are specified in Exhibit VIII.
25. GENERAL, AUTOMOBILE AND POLLUTION LIABILITY INSURANCE
A. The Franchisee shall, during the term of this Agreement and any extensions hereof, maintain in full
force and effect General and Automobile liability insurance that specifically covers all exposures incident to the
Franchisee's operation under this Agreement. Such insurance shall be with a company rated "A" or better by
Best Rating Service. The amount for General Liability shall be in an amount of not less than $5,000,000.00
Combined Single Limit for personal injury, including death, and property damage liability and shall include, but
not be limited to, coverage for Premises /Operations, Products /Completed Operations, Contractual (to support the
Franchisee's agreement or indemnity), and Fire Legal Liability.
B. The amount for Automobile Liability shall be $500,000 per person, $1,000,000 per occurrence. The
General Liability and Automobile Liability full coverages are specified in Exhibit VIII.
C. The Franchisee shall purchase and maintain, throughout the life of the Agreement, Pollution Liability
insurance that will respond to bodily injury, property damage, and environmental damage caused by a pollution
incident. The minimum limits of liability shall be $5,000,000.00 per occurrence/$10,000,000.00 aggregate, as
further specified in Exhibit VIII.
D. Policies shall be endorsed to show the Franchisor, a political subdivision of the State of Florida, as an
additional insured as its interests may appear, and shall also provide that insurance shall not be canceled, limited
41
or non - renewed until after thirty (30) days written notice have been given to the Franchisor. Current certificates
of insurance evidencing required coverage must be on file with the Franchisor at all times. Franchisee expressly
understands and agrees that any insurance protection furnished by Franchisee shall in no way limit its
responsibility to indemnify and save harmless Franchisor under the provisions of Section 26 of this Agreement.
26. INDEMNITY
A. GENERAL INDEMNIFICATION: Franchisee shall indemnify, defend, save and hold harmless the
Franchisor, its officers, agents and employees, harmless from any and all claims, damages, losses, liabilities and
expenses, direct, indirect or consequential arising out of or in consequential arising out of or alleged to have
arisen out of or in consequence of the products, goods or services furnished by or operations of Franchisee or his
Subcontractors, agents, officers, employees or independent contractors pursuant to the Contract, specifically
including but not limited to those caused by or arising out of (a) any negligent or wrongful act, omission or
default of Franchisee and/or his subcontractors, agents, servants or employees in the provision of the goods
and/or services under the Contract; (b) any and all bodily injuries, sickness, disease or death; (c)injury to or
destruction of tangible property, including the loss of use resulting therefrom; (d) the use of any improper
materials; (e) a defective condition in any goods provided pursuant to the Contract, whether patent or latent; (f)
the violation of any federal, state, County or municipal laws, ordinances or regulations by Franchisee, his
subcontractors, agents, servants, independent contractors or employees; (g) the breach or alleged breach by
Franchisee of any term, warranty or guarantee of the Contract. This indemnification shall not apply to the
negligent or wrongful acts, omissions or defaults caused by the Franchisor, its employees, or agents. Franchisor
shall give prompt notice of any claim for which Franchisee may be obligated to provide indemnification.
Franchisee shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in
connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees
(including appellate attorney's fees), paralegal expenses, and costs. Franchisee shall determine the acceptability
or nonacceptability of any offer, proposal or settlement in any matter for which it is obligated to provide
indemnity to the Franchisor under this Section.
Franchisee shall select its own legal counsel to conduct any defense in any such proceeding, subject to
the reasonable approval of Franchisor, and all costs and fees associated therewith shall be the responsibility of
Franchisee under the indemnification agreement. Nothing contained herein is intended nor shall it be construed
to waive Franchisor's rights and immunities under the common law or Florida Statute 768.28, as amended from
time to time.
42
27. ACCESS TO FRANCHISEE'S BOOKS AND RECORDS
The Franchisee shall maintain within Monroe County adequate records of all Solid Waste, yard waste
collection and recycling services. The Franchisor or its designees shall have the right to review all records
maintained by the Franchisee upon twenty -four (24) hours written notice. If the Franchisor shall determine a
need for same and upon 120 days' written notice by the Franchisor in the year following the Franchisee's fiscal
year, hereby defined as January 1 through December 31. Financial statements will be prepared by the Florida
independent certified public accounting firm prepared in accordance with generally accepted account principles,
pertaining only to each individual Collection Agreement and Service Area, shall be delivered to the Franchisor
no later than April 30 of the year following the Franchisee's fiscal year, hereby defined as January 1 through
December 31. No extensions will be panted except for uncontrollable circumstances as referred to in Section
21. No rate adjustments of any type will be granted to the Franchisee unless all required financial statements
have been filed in a timely manner. Franchisee shall maintain all books, records and documents directly
pertinent to performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party of this Agreement or their authorized representatives shall have reasonable and
timely access to such records of each other part to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement. If an auditor employed by the
County or Clerk determines that monies to be paid to the Franchisor were insufficient or incorrect, then the
Franchisee shall pay the deficient or correct amount to the Franchisor together with interest calculated pursuant
to Sec. 55.03, FS, running from the date the monies were to be paid to the Franchisor.
28. POINT OF CONTACT
All dealings, contacts, notices and payments between the Franchisee and the Franchisor shall be directed
by the Franchisee to the Contract Administrator.
29. NOTICE
Except where otherwise noted herein, any communication required for any purpose in this Agreement
shall be in writing and delivered with a signed receipt, as follows:
43
As to the Franchisor: Monroe County
Solid Waste Management Department
1 100 Simonton Street, Room 2 -231
Key West, FL 33040
Attention: Contract Administrator
As to the Franchisee: Waste Management Inc. of Florida
125 Toppino Industrial Road
Rockland Key, FL 33040
Attention: District Manager
30. DEFAULT OF CONTRACT
A. The Franchisor may cancel this Franchise Agreement, except as otherwise provided below in
this Section, by giving Franchisee thirty (30) days advance written notice, to be served as hereafter provided,
upon the happening of any one of the following events:
(1) Franchisee shall take the benefit of any present or future insolvency statute, or shall
make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or
answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal
Bankruptcy laws or under any other law or statute of the United States or any state thereof, or consent to the
appointment of a receiver, trustee or liquidator of all or substantially all of its property; or
(2) By order or decree of a court, Franchisee shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the Franchisee, seeking its
reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or
statute of the United States or of any state thereof, provided that if any such judgment or order is stayed or
vacated within sixty (60) days after the entry thereof, any notice of cancellation shall become null, void and of no
effect, unless such stayed judgment or order is reinstated, in which case said default shall be deemed immediate;
or
(3) By or pursuant to or under authority of any legislative act, resolution or rule, or any
order or decree of any court or governmental board, agency or office having jurisdiction, a receiver, trustee or
44
liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such
possession or control shall continue in effect for a period of sixty (60) days; or
(4) The Franchisee has defaulted, by failing or refusing to perform or observe the terms,
conditions of or covenants in this Agreement or any of the rules and regulations promulgated by the Franchisor
pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the Contract
Administrator relative thereto, and said default is not cured within thirty (30) days of receipt of written notice by
Franchisor to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30)
days following receipt by Franchisee of written demand from Franchisor to do so, Franchisee fails to commence
the remedy of such default within said thirty (30) days following such written notice, or having so commenced
shall fail thereafter to continue with diligence the curing thereof (with Franchisee having the burden of proof to
demonstrate [a] that the default cannot be cured within thirty (30) days, and [b] that it is proceeding with
diligence to cure said default, and such default will be cured within a reasonable period of time.
B. However, notwithstanding anything contained herein to the contrary, for the failure of
Franchisee to provide Collection Service for a period of three (3) consecutive scheduled working days, the
Franchisor may secure the Franchisee's billing records on the fourth (0) working day in order to provide interim
collection services until such time as the matter is resolved and the Franchisee is again able to perform pursuant
to this Franchise Agreement; provided, however, if the Franchisee is unable for any reason or cause to resume
performance at the end of thirty (30) working days all liability of the Franchisor under this Agreement to the
Franchisee shall cease and this Agreement may be deemed immediately terminated by the Franchisor.
C. Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under this Section, in the event that Franchisee's record of performance shows that Franchisee has
frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required
herein to be kept and performed by Franchisee, in the opinion of Franchisor and regardless whether Franchisee
has corrected each individual condition of default, Franchisee shall be deemed a "habitual violator ", shall forfeit
the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative
and collectively shall constitute a condition of irredeemable default. The Franchisor shall thereupon issue
Franchisee final warning citing the circumstances therefore, and any single default by Franchisee of whatever
nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate
termination of this Agreement. In the event of any such subsequent default, Franchisor may terminate this
Franchise Agreement upon the giving of written Final Notice to Franchisee, such cancellation to be effective
upon the fifteenth (15 h ) consecutive calendar day following the date of Final Notice, and all contractual fees due
W
hereunder plus any and all charges and interest shall be payable to said date, and Franchisee shall have no further
rights hereunder. Immediately upon receipt of said Final Notice, Franchisee shall proceed to cease any further
performance under this Franchise Agreement.
D. In the event of the aforesaid events specified in Paragraphs A, B and C, above, and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in Franchisor's
written notice to Franchisee and upon said date this Agreement shall be deemed immediately terminated and
upon such termination all liability of the Franchisor to the Franchisee under this Agreement shall cease, and the
Franchisor shall have the right to call the performance bond and shall be free to negotiate with other contractors
for the operation of the herein - specified services. The Franchisee for failure to perform shall reimburse the
Franchisor all direct and indirect costs of providing interim collection service.
31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR CHANGE IN LAW
The Franchisor shall have the power to make changes to this Agreement as the result of changes in law
and to impose new and reasonable rules and regulations on the Franchisee under this Franchise Agreement
relative to the method of collection and disposal of Garbage, Rubbish, Bulk Trash, Vegetative Waste, or
Recyclable Materials as shall from time to time be necessary and desirable for the public welfare. The
Franchisor shall give the Franchisee reasonable notice of any proposed change and an opportunity to be heard
concerning those matters. The method of collection and disposal of Solid Waste and Recyclables, as referenced
herein, shall also be liberally construed to include, but not be limited to, the manner, procedures, operations and
obligations, financial or otherwise, of the Franchisee.
The Franchisor and Franchisee understand and agree that the Florida Legislature from time to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law in
the future, whether Federal, state or local, mandating certain actions or programs for counties or municipalities
may require changes or modifications in some of the terns, conditions or obligations under this Agreement.
Nothing contained in this Agreement shall require any party to perform any act or function contrary to law.
The Franchisor and Franchisee agree to enter into good faith negotiations regarding modifications to this
Agreement that may be required in order to implement changes in the interest of the public welfare or due to
change in law.
46
32. RIGHT TO REQUIRE PERFORMANCE
The failure of the Franchisor at any time to require performance by the Franchisee of any provisions
hereof shall in no way affect the right of the Franchisor thereafter to enforce the same. Nor shall waiver by the
Franchisor of any breach of any provisions hereof be held to be waiver of any succeeding breach of such
provisions or as a waiver of any provision itself.
33. TITLE TO WASTE
The Franchisor shall at all times hold title and ownership to all Residential and Commercial Solid Waste,
Vegetative Waste, Rubbish, Recyclable Material and all other waste collected by the Franchisee pursuant to this
Agreement.
34. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contract made and to be performed entirely in the State.
In the event any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the Franchisor and Franchisee agree that venue will lie in the appropriate court
or before the appropriate administrative body in Monroe County, Florida.
The Franchisor and Franchisee agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between them, the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding. This Agreement shall not be subject to arbitration.
35. COMPLIANCE WITH LAWS
The Franchisee shall conduct operations under this Agreement in compliance with all applicable Iaws,
rules and regulations.
47
36. SEVERABILITY
If any term, covenant condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement shall not be affected
thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The Franchisor and Franchisee agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
37. ASSIGNMENT AND SUBLETTING
A. The Franchisee shall not assign or dispose of the Franchise granted by this Agreement by sale, lease,
mortgage or otherwise transfer it in any manner whatsoever without the express written consent of the
Franchisor. The Franchisor shall have full discretion to approve or deny, with or without cause, any proposed
assignment or assignment by the Franchisee. If such assignment is approved by the Franchisor, the Franchisee
shall pay an assignment fee, which shall be negotiated between the parties at the time of the proposed
assignment. Any assignment of this Agreement made by the Franchisee without the express written consent of
the Franchisor shall be null and void and shall be grounds for the Franchisor to declare a default of this
Agreement and immediately terminate this Agreement by giving written notice to the Franchisee, and upon the
date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all
liability of the Franchisor under this Agreement to the Franchisee shall cease, and Franchisor shall have the right
to call the performance bond and shall be free to negotiate with other Franchisees or any other person or
company for the service of the Franchise area that is the subject of this Agreement. In the event of any
assignment, assignee shall fully assume all the liabilities of the Franchisee.
B. It is the intent of the parties that no Franchisee, by itself or through its parent(s) or holding
companies, shall at any time hold or have control of more than two (2) Solid Waste and Recycling Collection
Franchise Agreements with the Franchisor.
C. Upon written notification to and subject to written approval by the County, the Franchisee may
subcontract or authorize performance of the Work. Such written request shall include the name(s) and work
history of the subcontractor(s) and the desired length of the work period for which they will be providing
48
services. The Franchisee guarantees compliance by such subcontractors and assignees with the requirements of
this Agreement, including insurance, copies of which shall be provided by the subcontractors or assignees to the
Franchisor. The Franchisor shall not unreasonably withhold approval of any requested subcontract. This
paragraph shall also be incorporated by reference into any assignment or subcontract and the assignee or
subcontractor shall comply with any and all of the provisions of this Agreement. Unless expressly provided for
herein, such approval shall in no manner or event be deemed to impose any obligation upon the Franchisor.
D. For purposes of this Section, a parent or holding company shall mean any person,
corporation or company holding, owning or in control of more than ten percent (10 %) of the stock or
the financial interest in the Franchisee.
38. MODIFICATIONS
This Agreement constitutes the entire contract and understanding between the parties hereto, and it shall
not be considered modified, altered, changed or amended in any respect unless in writing and signed by the
parties hereto.
39. INDEPENDENCE OF AGREEMENT
Except as otherwise noted in Section 3.A, it is understood and agreed that nothing herein contained is intended or
should be construed as in any way establishing the relationship of co- partners between the parties hereto, or as
constituting the Franchisee as the agent, representative or employee of the Franchisor for any purpose
whatsoever. The Franchisee is to be and shall remain an independent Franchisee with respect to all service
performed under this Agreement. The Franchisee, its agents and employees are strictly considered to be
independent contractors s in their performance of the work contemplated hereunder. As such, the Franchisee, its
agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The
provider shall at all times exercise independent, professional judgment and shall assume professional
responsibility for the services to be provided.
40. MUNICIPALITIES' OPTION TO BE COVERED BY CONTRACT
The Franchisee shall have the right of first refusal to provide Residential Solid Waste Collection
Services to any municipality in the County located adjacent to and contiguous with its Service Area boundaries
under the same terms, conditions and rates of compensation as provided for under the terms of this Franchise
49
Agreement. The County and a municipality that elects to be covered by this Franchise Agreement shall enter
into an interlocal agreement regarding the participation of the municipality. Municipalities currently being
served by a Franchisee under the terms and conditions of the prior franchise agreement shall continue to be
served by those franchisees under the provisions of this Franchise Agreement.
41. OTHER RATE ADJUSTMENTS
Non - performance of this Franchise Agreement or a request for a rate increase, either of which are
attributed to the Franchisee accepting the Franchise Agreement award at an insufficiently low rate, shall result in
cancellation of all solid waste and recycling collection Franchise Agreements for all service areas entered into
with the Franchisee.
42. EXISTING OR PRIOR AGREEMENTS
The terms and conditions of this Agreement supersede the terms, obligations and conditions of any
existing or prior agreement or understanding, written or verbal, between the parties regarding the work
performed, compensation to be paid, and all other matters contained herein,
43. ATTORNEY'S FEES AND COSTS
The Franchisor and Franchisee agree that in the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative and out -of- pocket expenses, as an
award against the non - prevailing party, and shall include attorney's fees, court costs, investigative and out -of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with Florida Rules of Civil Procedure and usual and customary procedures
required by the Circuit Court of Monroe County.
44. BINDING EFFECT
The terms, covenants, conditions and provisions of this Agreement shall bind and inure to the benefit of
the Franchisor and Franchisee and their respective legal representatives, successors and assigns.
45. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate actions, as required by law.
46. CLAIMS FOR FEDERAL OR STATE AID
Franchisor and Franchisee agree that each shall be, and is, empowered to apply for, seek and obtain
Federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant
proposals and funding solicitations shall be approved by each party prior to submission.
47. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
Franchisor and Franchisee agree that all disputes and disagreements shall be attempted to be resolved by
meet and confer sessions between representatives of the parties. If no resolution can be agreed upon within thirty
(30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties,
then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
48. NONDISCRIMINATION
The Franchisee agrees to comply with the requirements of all applicable non - discrimination and equal
employment opportunity statutes, ordinances and laws. The Franchisor and Franchisee agree that there will be no
unlawful discrimination against any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that unlawful discrimination has occurred and has not been cured or resolved by way of
settlement or other resolution, this Agreement automatically terminates without any further action on the part of
any party, effective the date of the final and non - appealable court order.
The Franchisor or Franchisee agrees to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (1) Title VI of the
Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color and national
origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. s. 794), which prohibits
discrimination on the basis of handicap; (3) The Age Discrimination Act of 1975, as amended (42 U.S.C. ss.
6101 - 6107), which prohibits discrimination on the basis of age; (4) The Drug Abuse Office and Treatment Act of
51
1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse? (5) The
Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public
Health Service Act of 1912, ss. 523 and 527, (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (7) The American with Disabilities Act of 1990 (42
U.S.C. s. 1201 Note), as may be amended from time to rime, relating to nondiscrimination on the basis of
disability; (8) The Florida Civil Rights Act of 1992, (Chapter 760, Florida Statuses, and Section 509.092, Florida
Statutes), as may be amended from time to time, relating to nondiscrimination; (9) The Monroe County Human
Rights Ordinance (Chapter 13, Article VI, Sections 13 -101 through 13 -130), as may be amended from time to
time, relating to nondiscrimination; and (10) any other nondiscrimination provisions in any Federal or state
statues or local ordinances that may apply to the parties to, or the subject matter of, this Agreement.
Notwithstanding the foregoing, termination may not occur if the Operator produces and adopts a plan
that on a go- forward basis will address and seek to prevent any reoccurrence of unlawful discrimination. The
County or Franchisee agrees to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination.
49. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
fonnation, execution, performance or breach of this Agreement, Franchisor and Franchisee agree to participate,
to the extent required by the other party, in all proceedings, hearings, processes, meetings and other activities
related to the substance of this Agreement or provision of the services under this Agreement. Franchisor and
Franchisee specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement or any Attachment or Amendment to this Agreement.
50. COVENANT OF NO INTEREST
Franchisor and Franchisee covenant that neither presently has any interest, and shall not acquire any
interest, that would conflict in any manner or degree with its performance under this Agreement, and that the
only interest of each is to perform and receive benefits as recited in this Agreement.
51. CODE OF ETHICS
The Franchisor agrees that the officers and employees of the Franchisor recognize and will be required
to comply with the standards of conduct relating to public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with
52
one's agency, unauthorized compensation, misuse of public position, conflicting employment or contractual
relationship, and disclosure or use of certain information.
52. NO SOLICITATION OR PAYMENT
Each of Franchisor and Franchisee warrants that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement
and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona
fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the
Franchisee agrees that the Franchisor shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or to otherwise recover, the full amount of such fee, commission,
percentage, gift or consideration.
53. PUBLIC ACCESS
Franchisor and Franchisee shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received
by Franchisor and Franchisee in conjunction with this Agreement.. Pursuant to F. S. 119.070 1, Franchisee and its
subcontractors shall comply with all public records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe
County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe County
would provide the records and at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all
public records in possession of the Franchisee upon termination of the contract and destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to Monroe County in a format that is compatible with
the information technology systems of Monroe County.
53
Violation of this subsection is considered a default under this Agreement and shall be addressed as set forth in
paragraph 30 above.
54. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the Franchisor
and Franchisee in this Agreement and the acquisition of any commercial liability insurance coverage, self -
insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the Franchisor be required to
contain any provision for waiver.
55. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and
pensions and relief, disability, workers' compensation and other benefits that apply to the activity of officers,
agents, volunteers or employees of the Franchisor, when performing their respective functions under this
Agreement within the territorial limits of the County shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers or employees outside the territorial
limits of the County.
56. LEGAL OBLIGATIONS AND RESPONSIBILITIES; NON - DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any other participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, not shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the Franchisor, except to the
extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the provisions of Chapters
125 and 163, Florida Statutes.
57. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the Franchisor and Franchisee agree that neither the Franchisor or Franchisee, or any agent,
54
officer or employee of either shall have the authority to inform, counselor otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to, the community in general or for the purposes contemplated in this
Agreement.
58. ATTESTATIONS
Franchisee agrees to execute such documents as the Franchisor may reasonably require, including a
Public Entity Crime Statement, and Ethics Statement, and a Drug -Free Workplace Statement.
59, NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
60. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
61. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and
it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation
of any provision of this Agreement.
INTENTIONALLY LEFT BLANK
5i
IN WITNESS WHEREOF, the parties hereto have caused this Franchise Agreement to be executed by their
respective authorized representatives as of the date first above written.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY FLORIDA
Deputy Clerk
(SEAL)
ATTEST
d RONM. KAPLAN, Assistant Secretary
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
COUNTY Attorney
DATE:
Mayor /Chairperson
WASTE MANAGEMENT INC. OF FLORIDA
BY: , I �-\ I
O B. AWKINS, President
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
CHRISTINE M. LIMBERT- BARROWS
ASSISTM CQUNTy ATTORNEY
Dated % y-
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EXHIBIT I
DESCRIPTION OF BOUNDARIES OF SERVICE AREA
BAHIA HONDA KEY
BIG COPPIT KEY
BIG PINE KEY
BOCA CHICA KEY
CUDJOE KEY
GEIGER KEY
KEY HAVEN
LITTLE KNOCK'EM DOWN KEY
LITTLE, MIDDLE AND BIG TORCH KEYS
NO NAME KEY
OUT KEY
ROCKLAND KEY
SADDLEBUNCH KEYS (BAYPOINT)
STOCK ISLAND (EXCEPT COLLEGE ROAD)
SUGARLOAF KEY
SUMMERLAND KEY
SUNSHINE KEY
VENTURE KEY
57
Exhibit II — APPROVED RATE SCHEDULE
513
E7KRIDIT II
APPROVED RATE SCHEDULE
Waste Management of Florida, Inc.
FY 2014 -2015 Approved Rates
Services I Curbside Service
Waste
$4.31
Commercial Solid Waste, Commercial Recycling and Roll -Off
Collection Rates CPI 1.1%
Solid Waste Collection Rate
$5.90 per cubic and
.dub
Jill Container Collection Rate
$5.90
Com for Collection Rate 12 cubic yards or less)
$17.62 per cubic and
Compactor Collection Rate eater than 12 cubic yards)
5226.58 r ull
Roll -Off Collection Rate
$226.58 per pull
w.rr%w grmm V &-r%w V A TrdV 10 M A rNTWN A 11Nr . 1i Y S (CP11 I _I %1
CONTAINERS (NON - COMPACTING
SIZE cubic ards
RATE w /out locking mechanism
1 YD
$17.52
2YD
$19.88
3YD
$22.30
4YD
$22.70
6YD
$25.13
8YD
$27.55
RECYCLING CONTAINERS
32 gal.
90 gal..
$1.60
$4.49
Capacities in between these values can be obtained by interpolation.
Capacities outside of these values can be obtained by extrapolation.
Franchise Area 1
Wash Management Inc, of Florida 2014115
a) CAN PICKUP RATE SCHEDULE
RATE INCREASE:
1.109E
No. of
Number of
Pickups Per Week
cans'
Rate
2
3
4
5
6
2 Element
COLLECTION
16.00
24.01
32.02
40.04
48.04
48.67
COUMdon w1increase
16.18
24.27
32.37
48.52
40.48
60.68
72.82
DISPOSAL
24.30
0.00
56.38
0.00
0.00
0.00
0.00
RECYCLING"
40.48
60.65
80.89
10116
121.39
3 TOTAL
COLLECTION
24.35
35.99
48.04
60.07
60.73
72.21
73.00
Collection w/lncrease
24.62
36.39
54.57
48.57
72.82
91.00
109.20
DISPOSAL
36.38
0.00
0.00
0.00
0.00
0.00
RECYCLING"
61.00
90.98
121.39
151.73
182.20
4 TOTAL
COLLECTION
32.02
48.04
64.77
60.73
80.09
80.97
96.07
97.13
Collection wlincrease
32.37
48.52
48.51
72.82
97.05
121.35
146.59
DISPOSAL
0.00
0.00
0.00
0.00
0.00
RECYCLING"
80.89
121.39
157.78•
202.32
242.72
5 TOTAL
COLLECTION
40.04
60.07
80.09
100.15
120.20
Collection wllncrease
40.48
60.73
80.97
101.25
151.63
121.52
181.95
DISPOSAL
60.68
91.00
0.00
121.35
0.00
0.00
0.00
RECYCUNG"
0.00
101.15
151.73
202.32
25288
303.47
6 TOTAL
COLLECTION
48.04
72.21
96.07
120.20
144.14
Collection wlincrease
48.67
73.00
109.20
97.13
145.59
121.52
181.96
145.73
218.40
DISPOSAL
72.82
0.00
0.00
0.00
0.00
0.00
RECYCUNG"
121.39
182.20
242.72
303.48
364.13
*Based on TOTAL
Page 1
Page 2
Franchise Area 1
Waste Management Inc, of Florida 2014115
PICKUP RATE SCHEDULE
b) CONTAINERIZED
Container
Number of Pickups Per Week
Size
Rate
1
2
3
4
5
6
7
1 Element
COLLECTION
42.59
70.21
98.03
123.81
152.40
176.97
204.67
Collection
43.06
70.98
99.11
125.17
154.08
176.92
208.92
wAncrease
38.39
78.79
115.17
153.57
191.96
230.36
268.75
DISPOSAL
RECYCLING"'
0.00
0.00
409.28
475.67
2 TOTAL
81.45
147 T!
214 28
278.74
346.04
COLLECTION
70.00
123.81
174.77
230.04
27136
331.31
382.07
Collection
70.77
125.17
176.69
232.57
274.34
334.95
388.27
wflncrsase
DISPOSAL
76.79
153.57
230.36
307.13
383.92
460.70
537.49
RECYCLING"
407.05
539.70
658.26
795.65
1306.83
3 TOTAL
147 .56
278.74
COLLECTION
98.03
182.10
262.84
340.91
419.25
483.48
575.90
Collection
99.11
184.10
265.73
344.66
423.88
488.80
582.23
Wpnereese
DISPOSAL
115.17
230.36
345.53
460.70
575.89
691.06
808.24
RECYCLING"
0.00
0.00
0.00
611.26
0.00
805.36
000
999.75
O.QO
1179.86
0.00
1388.47
4 TOTAL
214.28
414.46
COLLECTION
123.81
230.04
331.31
432.87
53424
635.61
736.94
Collection
wAncrease
125.17
23257
334.95
437.63
540.12
642.30
745.05
DISPOSAL
153.57
307.13
460.71
61428
767.85
921.41
1074.98
RECYCLING"
0.00
0.00
539.70
0.00
795.66
0.00
1051.91
000
1307.97
0.00
1563.71
0.00
1820.03
6 TOTAL
278.74
COLLECTION
178.97
331.31
483.58
635.61
78712
939.79
1069.40
Collection
wMcrease
178.92
334.95
488.88
642.30
196.38
950.13
1081.16
DISPOSAL
230.36
460.71
591.08
921.41
115177
1382.13
1612.48
RECYCLING"
0.00
0.00
795.66
0.00
1179.94
0.00
1563.71
000
1948.15
0.00
233226
0.00
2693.64
8 TOTAL
409.28
COLLECTION
230.04
432.87
635.61
838.31
1041.15
1243.93
1446.76
Collection
wllncresse
232.57
437.63
84260
847.53
1052.80
1257.61
1482.87
DISPOSAL
307.13
614.28
921.41
1228.56
153569
1842.84
2149.97
0.00
RECYCLING"
0.00
0.00
0.00
1564.01
0.00
2076.09
000
258a.29
0.00
3100.45
3612.64
"Rates for r TOTAL
539.70
1051.91
is no disposal fee for a
of $6.90 per cubic yard and a processing fee
of 51.07 per cubic
yard; there
services. Monthly charges will depend on the specific level of service.
Page 2
EXHWIT III
DISCLOSURE OF SERVICE RATES — COMMERCIAL
REGULATION BY MONROE COUNTY
The terms and conditions of this Amended and Restated Solid Waste and Recycling Collection Franchise
Agreement are regulated by a Franchise granted by Monroe County. Should the customer have any questions
relating to the terms and conditions of this Franchise Agreement, the customer may call the Contract
Administrator at 305- 292 -4432.
COLLECTION CONTAINERS
The customer shall be provided the Container from the Franchisee at the maintenance fee approved by
the Board. If the customer chooses to use a Compactor, the customer may rent, lease or own the Compactor from
any source, provided the Compactor can be serviced by the Franchisee's collection equipment. Containers and
Compactors shall be maintained in a serviceable, safe and sanitary condition by the customer_ In the event of
damage to a Container, the incident will be investigated by the Contract Administrator, including a determination
of any compensation due the affected party.
SPECIAL SERVICES
If a customer requests, the Franchisee may provide special services for the collection of Commercial
Solid Waste such as rolling Containers out of storage areas, opening doors or gates for access, or other such
special services. However, such special services may be provided by the customer, through its own or other
personnel. If the Franchisee provides special services, such charges must be separately stated under the "RATES
FOR SERVICES" Disclosure Statement. The maximum for these special service rates are fixed by the Board. A
copy of these rates can be obtained from the Franchisee or the Contract Administrator. A convenience fee
imposed pursuant to Article 6(G) may be included in the cost of the special services.
"RATES FOR SERVICES" DISCLOSURE
A "Rates for Services" disclosure statement shall be completed and issued to each customer receiving
Solid Waste Collection Service, or special services. Upon the initial signing of a contract for these services, a
copy of this disclosure statement shall be provided the customer and the Contract Administrator.
The Rates for Services disclosure statement shall have attached a rate schedule that specifies the Collection Rate
and the Disposal Rate based on size of Container and frequency of service; the Container Rental rate, expressed
as a monthly flat fee based on the size of the Container; and the cost per month for each special service required
by the customer.
59
EXIITBIT III
DISCLOSURE OF SERVICE RATES
(Page 2)
"RATES FOR SERVICES" DISCLOSURE STATEMENT
Franchise Name:
Customer Name:
Customer Address:
Customer Phone #:
Level of Service:
Date of Agreement:
Service Date:
Begin:
End:
Item Monthly Cost
Cost of Collection of Solid Waste
Cost of Disposal of Solid Waste
Cost of Container Maintenance for Solid Waste
Itemized Charges for Special Services
Convenience Fee
Total
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. SHOULD YOU HAVE ANY
QUESTIONS RELATING TO THESE RATES, PLEASE CALL THE SOLID WASTE MANAGEMENT
DEPARTMENT AT 305- 292 -4432.
60
EXMBIT IV
ANNUAL FINANCIAL REPORTING FORMAT
The Franchisee shall submit to the Franchisor a complied Statement of Activities related to the services
provided pursuant to this agreement. The Statement of Activities shall be prepared in accordance with generally
accepted accounting standards.
The Franchisee shall disclose as part of the Statement of Activities income and expenses and all methods
of allocations used to distribute costs between commercial and residential operations. The disclosure shall be in
narrative form and include the basis for the allocation method.
The Franchisee shall provide a description of the expenses classified as Other Operating Costs and Other
General and Administration.
Additionally, an annual audited statement related to the Franchisee Fee shall be provided as set forth in
this Franchisee Agreement.
Any allocations made must be disclosed in a narrative format, along with the basis for those allocations.
Additionally, it is understood that each Franchisee shall utilize the accrual basis of accounting for income and
expenses.
(s2
EXIHBIT V
SPECIAL SERVICES
RATES DETERMINED BY THE FRANCHISOR
Rolling Out Container (and returning it to
original location)
$3.44
Back Door Service (Residential Curbside
Only)
Negotiable
Opening (and closing) Doors or Gates
$1.15
From $10 to $145.00 (one time) Charge for
Locks and Containers
Replacement based on Cost + 10%
Unlocking Containers
$1.55
Supplying (and retrofitting) locking
Mechanism on container **
$68.77
Adding wheels to or changing wheels on 1,
2, and 3 yard Containers only
No Charge
Moving Container Location (if Feasible) Per
Customer Request
$34.39
Adding lids to or changing lids on
Containers
No Charge
Set up and Return Fees
$28.65
Not to exceed fee charged by customer's credit
Credit Card Convenience Fee
card company
* There will be no charge for those residents medically unable to bring solid waste or recyclables to curbside as
delineated in Section 4. Back door service to all other customers may be offered by the Franchisee.
** Determining of necessity of locking mechanisms is based on customer requirements.
62
EXHERYF VI
PERFORMANCE BOND SLIDING SCALE
Gross Revenue (Minus Disposal
Fees paid to the Franchisor) in
Millions of Dollars
Performance Bond Required
2.5 — Above
$400,000
1.5-2.5
$300,000
.5-1.5
$200,000
.0-.5
$100,000
63
Exhibit VII
Public Outreach Tasks
1. Think Green Grant Program
WM and Keep America Beautiful have worked together to improve communities across the
nation through cleanup, beautification and recycling projects. WM is proud to continue to
provide grants to Keep America Beautiful efforts in the communities we serve. P
��P
The WM Think Green Grants are in two categories:
a) Grant 1: $5,000
$5,000 grants that can be used for recycling, cleanup, beautification or community greening
projects and/or related educational programs conducted either as part of KAUs Great American
Cleanup or another program.
Grant application due: January each year
b) Grant 2: $10,000
$10,000 grants that the KAB affiliates apply for through KAB. Part of this application
includes the KAB affiliates receivi ng a short recommendation from a local WM team
member.
Grant application due: June e a c h y e a r
2. Creative Reuse Showcase
Children play a critical role in changing family behavior and in promoting
environmental stewardship. An annual Creative Reuse Showcase is a hands -on
way for students to promote product repurposing and reuse, helping Monroe
Franchisor toward increasing recycling participation. We can collaborate with
the Franchisor, local businesses and artists to host a student - recycled art show.
Student entries may be judged by local residents, artists and or business owners.
We suggest the winning student art be on display for a month at the Franchisor Administrative office or
another partnering organization.
64
3. Residential Clean Cart Challenge
Residents will win a gift card redeemable at a local Monroe County
outlet. The Clean Cart Challenge rewards Monroe County residents
for good recycling habits. Our Recycle Rewards patrol will check
out neighborhood recycle carts. When a customer's cart is chosen
and has only acceptable materials in it (i.e. No trash), the
customer wins a gift card.
4. Cartridges for Kids Recycling Fund Raiser
Recycle electronics for cash! Waste Management's exclusive Cartridges for Kids
(CFK) program is an environmentally friendly program that pays cash for a `
recyclable items. Monroe County schools or non - profit groups can participate in
K program. CFK a for most cell
the CF pr gr pays hones, inkjet and laser cartridges, P
laptops, MP3s, PDAs and tablets, readers and or notebooks- and the list keeps
growing. CFK is easy to launch and is a great program for local businesses and
other community groups to partner with local schools or non - profit organizations to
recycle electronics while providing cash where it's needed -back in to the
community.
5. www.wm.com/thinkgreen
Waste Management's Think Green website invites visitors to reverse the
way they think about waste.
Our unique Think Green website provides an interactive life -cycle
lesson on recyclables and waste, with links to classroom tools for
Monroe County teachers and students, resources, case studies and
information on our commitment to sustainability.
65
Local teachers will be able to utilize Think Green to access environmental education resources for
grades K -12. Ed ucators can search by grade and topic, finding age - appropriate lesson plans;
educational videos; cognitive computer based tools for students; fact sheets; and many other
resources.
6. America Recycles Day
November 15 Special Events IEarth Day( America Recycles Day
Dolphins' cheerleaders for special promotions throughout the year. There
may be awards and or recognitions available from local regional, state
or national associations that bring praise Monroe County's efforts. For
example, SWANA (Solid Waste Association of North America) honors
communities of all sizes for their efforts for marketing, communications,
and outreach. SWANA also presents industry recognition for recycling, solid waste and organics programs.
The special events held in Monroe County, the public outreach efforts and or the increasing diversion
numbers might be of award - winning caliber for organizations.
7. Monroe County and Southeast Florida Sustainability
Sustainability is an important concept in Monroe County and the State of
Florida. As the sustainability leader in the environmental services industry, we
are here to provide Monroe County with ideas and programs to become a more
sustainable community. We have helped many communities design and implement
a I 1 or parts of their Sustainability Action Plans and offer the contracted
services of our award - winning WM Sustainability Services team.
EXHIBIT VIII
INSURANCE REOUIREMENTS
67
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
WASTE MANAGEMENT
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract, Pollution
Liability Insurance which will respond to bodily injury, property damage, and environmental
damage caused by a pollution incident.
The minimum limits of liability shall be:
$5, 000,000 per Occurrence/$ 10,000,000 Aggregate
Coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
Administration Instruction
73
WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
99
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
2011 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$5,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
EXHIBIT IX
PUBLIC ENTFFY CRU81 E STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
WASTE MANAGEWNT INC. O Fj OPMA
I have read the above and state that neither (Respondent's name) nor any Affiliate
has been placed on the convicted vendor list within the last 36 months.
IV
(Signa '1
Date: �
STATE OF: Rzr—� D
COUNTY OF: ��O
Subscribed and sworn t (or affirmed) before me on
(date) by m RTrtkX1 (name of affiant). He /She is personally known to me or
has produced
(type of identification) as identification.
NOTARY PUB
2 6s;� SUSAN CHRISTA JOHNSON
My Commission Expires: MY COMMISSION t FF 065349
T EXPIRES: January 29, 2018
�OF iV�`Or knded T?n Budget Nomry$ervim
68
EXIOBIT X
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE N0.10 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE:
WASTE MANAGEMENT INC. OF FLORIDA warrants that it has not employed, retained or otherwise
had act on its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10 -1990
or any County officer or employee in violation of Section 3 of Ordinance 10 -1990. For breach or violations of
this provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift or consideration paid to the former County officer or employee.
STATE OF FLORIDA
COUNTY OF BROWARD
WASTE MANAGEMENT INC. OF FLORIDA
�� r\
1 + JI S, President
PERSONALLY APPEARED BEFORE ME, the undersigned authority, TIMOTHY B. HAWKINS, as
President of WASTE MANAGEMENT INC. QFF ,FLORIDA, who, after eing first duly sworn by me, affixed his
signature in the space provided above, this C - r , � day of , 2014.
s
Notary Public, State of Florida
�,Rr ► S CHRISTA JOHNSON
MY COMMISSION t FF 065349
* * EXPIRES: January 29, 2018
4 S , 4 7d or B**dTtn8u*N0*ySffViM
My Commission:
69
EXIIIBIT XI
NON - COLLUSION AFFIDAVIT
I the city of " ��Q according to law on my oath, and
under penalty of perjury, depose and say that
a. I �Z i� of the firm of
WASTE MANAGEMENT INC. OF FLORIDA the bidder making the Proposal for the
prgj�ct described the Request
T }'l �� and that I executed the said proposal with full
authority to do so;
b. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating
to such prices with any other bidder or with any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
e. The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
(Signa
Date _
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on f l� t� O�-' I (date) by
m pt uv l�l' (name of affiant). He /She is persona known tome or has
produced
identification.
(type of identification) as
NOTARY PUB SUSAN CHRISTA JOHNSON
# * MY COMMISSION ! FF 065349
►, EXPIRES: Janusuy 29, 2018
My Commission Expires:
4TIxu 6udpdNelry ServicK
70
EXIBIT XQ
DRUG-FREE WORKPLACE F O R M
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Waste Management Inc. of Florida
(Name of usiness
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5) days
after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the stateme I certify that this fine gompliec ,l ly � the above
requirements. WASTE MANA M04T QX, OF FLORIDA
�flMOTHY B. HAWK INS, PRESIDENT
Signature /r1 ate: `
STATE OF: �l DA
COUNTY OF: A42-D
Subscribed d sworn to (o - r - 11 affirmed) before me on m t 1 � (date) by
l l f1�T �J l N 5 (name of affiant). He /She is personalty known to me or has
produced (type of identification as identification.
c ���;
w
• •
My OOt�IISSION i FF 065349
* EXPIRES: January 29, 2019
NOTARY PUBLIC �, f ��P° BondMThruBudgetNdxYServices
My Commission Expires:
7i
y
Orq�t�aP
LION
Aon Risk Services Southwest, Inc.
5555 San Felipe St., Suite 1500
Houston, TX 77056
May 19, 2014 RECEIVED
John Albert MAY 1 2 ) 2U14
WASTE MANAGEMENT INC. OF FLORIDA
125 Toppino Industrial Drive t 4 ;A r� *,b•;
Key West, FL, 33040
RE: Bond No. 6002111
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Dear John
Enclosed please find the above referenced bond executed at your request in the amount of
$400,000.00, dated May 19, 2014 for MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS.
Please forward the original to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
and retain a copy for your files.
If you have any questions or need further assistance, please contact the Financial Assurance
department at your Corporate office; contact information is:
• Gineth Mata 713 - 394 -2317
• Laura Sudduth 713 - 512 -6536
Sincerely,
Jennifer Copeland
enclosures
2452222
Performance Bond
Bond No: 600211
KNOW ALL MEN BY THESE PRESENTS, that Waste Management Inc. of Florida as Principal, and Evergreen
National Indemnity Company, 6140 Parkland Boulevard Suite 321 Mayfield Heights, Oh 44124, the Surety, are
held and firmly bound unto the Monroe County Board of County Commissioners, as Obligee, in the penal sum of
FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00) for the payment of which we bind ourselves,
our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement for solid waste and recycling collection
franchise agreement with the above mentioned Obligee, which Agreement is hereby incorporated herein as if fully
rewritten Not withstanding, any terms and provisions specifically modified herein shall have the meaning given in
this bond.
NOW, THEREFORE, the condition of the above obligation is such that if the Principal shall promptly and faithfully
perform this Agreement, then this obligation shall be null and void; subject, however, to the following conditions:
This bond is for the term beginning October 1. 2014 and ending September 30, 2024
If there is no breach or default on the part of the Obligee, then the Surety's performance obligation under
the bond shall arise after:
a. The Obligee has notified the Principal and the Surety in writing at their respective addresses of the
alleged breach, and has requested and attempted to arrange a conference with the Principal and
the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods
of performing the Agreement; and has made available during notice period all books, records, and
accounts relevant to the Agreement which may be requested by the Principal or Surety. If the
Obligee, Principal and Surety agree, the Principal shall be allowed a reasonable time to perform the
Agreement; but such an Agreement shall not waive the Obligee's right, if any subsequently to
declare a Principal default;
b. The Obligee has declared the Principal in default and formally terminated the Principal's right to
complete the Agreement, provided, however, that such default shall not be declared earlier than
twenty (20) days after the Principal and the Surety have received the notice as provided in "a"
above; and
C. The Obligee has agreed to pay the balance of the Agreement price to the Surety in accordance with
the terms of the Agreement or to such Principal as may be tendered by the Surety to the
Obligee.
No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the
Surety of this instrument unless same be brought or instituted and process served upon the Surety within
six months after the expiration of the bond. The parties hereto expressly acknowledge and agree that no
liquidated damages shall be claimed, due or payable by Surety pursuant to this Bond.
4. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate
executed by the Surety.
5. Neither non - renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall
constitute loss to the Obligee recoverable under this bond.
6. In no event shall the liability of the Surety hereunder exceed the penal sum hereof.
ENIC Perf Bond (3/2014)
Signed, sealed and executed this 1 g day of May 2014.
Waste Management Inc. of Florida Evergreen National Indemnity Company
Principal Surety
B:
Tyler, At ey -In- act
(Corporate Seal)
N
�1
By:
Jennifer S. peland, Attorney -In -Fact
(Corporate Seal)
Witness
Nanc h mas
Witness:
Anoop Chawla Adlakha
ENIC Perf Bond (3/2014)
EVERGREEN NATIONAL INDEMNITY COMPANY
MAYFIELD HEIGHTS, OH
POWER OF ATTORNEY
Bond No. 600211
KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does
hereby nominate, constitute and appoint: Jennifer S. Copeland, Michael J. Herrod, Wendy W. Stuckey, Nancy A. Thomas and Lupe Tyler
its true and lawful Attorney(s) -In -Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed,
where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the
obligation of the Company under this Power of Attorney shall not exceed TEN MILLION AND 00/100 AND 00/100 DOLLARS
($10,000,000.00).
This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the
23rd day of July, 2004:
"RESOLVED, That any two officers of the Company have the authority to make, execute and deliver a Power of Attorney constituting as
Attorneys) -in -fact such persons, firms, or corporations as may be selected from time to time.
FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney
or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certified by facsimile signatures and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached."
IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these
presents to be signed by its duly authorized officers this 1st day of June, 2009.
EVERGREEN NATIONAL INDEMNITY COMPANY
IN
/fig /7 ' 4/—
W
o SEAT' v I
y
Charles D. Hamm Jr, President
OWO
By
David A. Canzone, CFO
Notary Public)
State of Ohio) SS:
On this 1st day of June, 2009, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally
came Charles D. Hamm, Jr. and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the
individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and
being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding
instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed
to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the
preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Columbus, Ohio, the day and year above
written.
aa„wRia .,,,;�
tt!_. L
�' \ f � :. ' PFNNYAIBUkN
— NOrARY➢UBJIC
STAt9OP OHIO,
Comm. Expires
l ��f v,SF AVrif04,20r7
n� /p Off!; F�
Penny M. Burns, Notary Public
My Commission Expires April 4, 2017
State of Ohio ) SS:
I, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY
CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth herein above, is now in force.
Signed and sealed in Mayfield His, Ohio this 19th day of May 2014.
N►,L. INOF,
4 ppPORAT
Y1 I *� O
1= SEAL }
18� t
*OHIO ,
AVM r
Wan C. Collier, Secretary
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that each of the entities listed on Exhibit A
attached hereto (individually, the "Corporation "), has constituted and appointed and does hereby
constitute and appoint Margaret Buboltz, Jennifer S. Copeland, Vanessa Dominguez, Michael J. Herrod,
Wendy W. Stuckey, Nancy Thomas, Lupe Tyler, and Stephenie Whittington of Aon Risk Services
Southwest, Inc., each its true and lawful Attorney -in -fact to execute under such designation in its name
and to affix its corporate seal to deliver for and on its behalf as surety thereon or otherwise, bonds of any
of the following classes, to wit:
1. Surety bonds to the United States of America or any agency thereof,
including lease and miscellaneous surety bonds required or permitted
under the laws, ordinances or regulations of any State, City, Town,
Village, Board or any other body or organization, public or private.
2. Bonds on behalf of contractors in connection with bids, proposals or
contracts.
The foregoing powers granted by the Corporation shall be subject to and conditional upon the written
direction of any officer (or any designee of any such officer) to execute and deliver any such bonds.
The signatures and attestations of such Attorneys -in -fact and the seal of the Corporation may be affixed to
any such bond, policy or to any certificate relating thereto by facsimile and any such bond, policy or
certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Corporation when so affixed.
IN WITNESS WHEREOF, the Corporation has caused these presents to b i ed by its Vice
Pr n and Treasurer and its corporate seal to be hereto affixed this day
of , 2014.
Witness:
Donna L. Meals
Director, Financial Assur ce
Waste Management, Inc.
Devina A. Rankin
Vice President and Treasurer
Active Legal Entities
Eadry Naaae
EeAry Tjpe
Stale of raeorporadoa
Federal Tax Id
0842463 B.C. Ltd.
Corp—
British Columbia
--
1 -800- Pack -Rat, LLC
Limited Liability Company
Delaware
20- 2107163
3368084 Canada Inc.
Corporation
Federally Chartered
--
635952 Ontario Inc.
Corporation
Ontario
—
8242348 Canada Inc.
Corporation
Federally Chartered
—
Acacetde SA. de C.V.
Corporation
Mexico
—
Acavevde Servicios, SA. de C.V.
Corporation
Mexico
—
Advanced Environmental Technical Services,
Limited Liability Company
Delaware
36. 4016575
L.L.C.
Agityx Corporation
Corporation
Washington
—
ALron Regional Landfill, Inc.
Corporation
Delaware
31- 1595650
Alabama Waste Disposal Solutions, L.L.C.
Limited Liability Company
Alabama
76-0641853
Alliance Sanitary Landfill, Inc.
Corporation
Penosylvam
234383025
Alpharetta, Transfer Station, LLC
limited Li"ity Company
Georgia
20- 1457486
American Dandfin hrc
Corporation
Ohio
34- 1355783
Anderson Landfill, Inc.
Corporation
Delaware
76-0590137
Antelope Valley Recycling and Disposal Fatality,
Corporation
95- 3344381
lirC.
APTwater. Inc.
Corporation
Delaware
—
Arden LandfB, Inc.
Corporation
Pennsylvania
25- 1249512
Articuhu Wolka z ogrsniczwa
L mited Liability Company
Poland
—
odpoa,iedzishwscis
Atlantic Waste Disposal. Inc.
Corporation
Delaware
36- 3852536
Automated Salvage Transport Co., LL.C.
Limited Liability Company
Delaware
04- 3735644
Ausivaste Services SA
Cotpaxatiom
Ftaoce
—
Avalon South. ILC
Limited Liability Company
Delaware
26- 3549579
Avalon Southwest, Inc.
Corporation
Delaware
26.2817237
Azusa Land Reclamation, Inc.
Corporation
California
95-2908438
B&B Landfill, Inc.
Corporation
Delaware
20. 1469925
Barre Landfill Gas Associates, L.P.
Limited Partnership
Delaware
06-1438474
Big Ben) Solar. Inc
Corporation
Delaware
33- 1056366
Big Dipper Enuxpdses, Inc.
Co PO—
Nardi Dakota
45- 0325454
Bluegrass Coutaimumt, L.LC.
Limited Liability Company
Delaware
76-0641298
Blue0sL Resources, Inc.
Corporation
Delaware
—
lir�tville SamuatyD- amdflL Itnc.
Corporation
Mionesm
41- 1882463
CA Newco, L.L.C.
Limited Liability Company
Delaware
35- 2228276
Qd Sierra Disposal
Corporation
California
94- 2349727
California Asbestos Mouofill, Inc.
Corporation
California
68 -0232434
Canadian Waste Services Hold'mgs Inc.
Corporation
Ontario
—
Capual Sanuauon Company
Corpata6aa
Nevada
88 -0121888
Capitol Disposal, Inc.
Cotpaaaion
Alasta
76-0638591
Carolina Grading, Dnc.
Corporation
South Carolina
57-0923608
Cedar Ridge Landfill
Corporation
Delaware
62- 1727570
Central Disposal Sytt Inc.
Corporation
Iowa
42- 0995450
Chadwick Road landf0, Inc.
Corporation
Georgia
ML1798581
Chambers Clear view Environmental Ls ndfll. Inc.
Corporation
Mississippi
25- 1652556
Chambers Development Company, lac .
Corporation
Delaware
25 -L^ ^14958
Chambers Development of Ohio, Inc.
Corporation
Ohio
514396835
Clambers of Georgia, l[c,
Corporation
Delaware
58- 2397639
Chambers of Mai iwippL Inc
Corporation
ldisaisnippi
254628285
Chemical Waste Maoagemen toflnduana.LLG
Limited Liability Company
Delaware
36.4067587
Chemical WasteMaaagemanof the Northwest,
Corporation
Washing—
91- 1089393
Inc
Chemical Wage Matngmm4lnc.
Corporation
Delaware
362989152
Chesser Island Rod Landfill, Inc.
Corporation
Georgia
55-2364490
City Favuoomess l Services, Inc. of Waters
Corporation
Michigan
35- 3020069
Ckb me Landfill Company Cap-
CerPonf—
Alabama
59- 3069374
Coast Waste Management, Inc,
Corporation
California
95-2557932
Cotmedicut Valley Sanitary Waste Disposal, Inc
Corporation
Massachuseas
04- 2796580
Conservation Services, Inc.
Colporstion
Colorado
84-0915035
Corporate HotsmglnitMMITLimised
Partnership
limited Partnership
Delaware
52- 1854657
Coshocfan Landfill. Ire.
Cbrpmatiom
Ohio
31- 12148M
Cougar Landfill, 111c.
Corp-d-
Texas
76-0211843
Coumrydde Ladfi11 Inc
Corporation
1II100ia
362835336
M Group. U.0
Limited liability Camparh
[Rah
87-0629120
-zymbop I andn, I JOC.
Corporation
Delaware
764)680495
V WM Services. T.
Limited Liability Company
Delaware
364203347
Dauer Sanitary laudfaL Inc.
Corporation
Michigan
38- 2754804
Dauphin Mesdoara, Ion:.
Corporation
Pennsylvania
23- 2390183
Deep Valley Landfill, into.
Corporation
Delaware
23- 28862W
Deer Trade Part Landfill, Ise
Capaatiom
Delaware
394802678
XI Ahmo Landfill L.L.C.
Imbibed Liability Company
Delaware
74- 3055347
Maurine Recyclable Products, lee,
Corporation
Delaware
SI-0334117
3kkimmI —Afin Luc
Corporation
Delaware
76-0325384
3upasal Service, incorporated
Corporation
West %ruo"
55-0618479
7octorBnmbba Road, LLC
Limited liability Cmspmy
Georgia
38- 3699621
3otniaiiain OppordmiW Ftmd. A California
:united Partnership
Limited Partnership
California
95-4507794
)dveGreem. LL.0
Limited Liability Company
Delaware
—
1.C. Waste, Inc
Corporation
Puerto Rico
660523535
satihmOtm L—MM D.D.C.
Limited Liability Company
Delaware
61- 1342591
East Liverpool LardfilL Bic.
Corporation
Ohio
34- 1637446
Eastern One Land Corporation
Corporation
Delaware
76-0695122
Eco- Vista, LLC
Limited Liability Company
Arkansas
72- 1541909
ecycliug Services- L-L.C.
Limited Liability Company
Delaware
38- 3684579
El Coqui Landfill Company, Inc.
Corporation
Puerto Rico
66- 0555785
EI Coqui Waste Disposal., Inc. -
Corporation
Delaware
76- 0480500
ELDA Landfill, Inc.
Corporation
Delaware
764639272
Elk River Landfill, Inc.
Cogwration
Minnesota
41- 1283941
Euerkem Alberta Biofuels LP
Limited Partnership
Alberta
-
Eirerkent, Ito.
Corporation
Quebec
-
Euvco/il of Ilinois. Inc.
Corporation
Illinois
37-0937555
Evergreen Landfill, Inc,
Corporation
Delaware
76-0473693
Everpreem National Indemnity Company
Corporation
Ohio
UK. 0000142
Evergmu Recycling and Disposal Facility, Inc
Corporation
Delaware
76- 0638587
Ferryfiridge MFE Limited
Private Limited Company
England and Wales
-
Fbkntnn Bioe nergy Inc.
Corporation
Delaware
33- 1173733
G1. Industries
Corporation
Utah
87- 0430285
GA Landfills- loc.
Corporation
Delaware
58- 2293782
Gallia Landfill, Inc.
Corporation
Delaware
31- 1509605
G LLC
Limited Liability Company
Delaware
2640941/2
Gannet of Maryland, Inc
Corporation
Ataylaud
32- 1916417
Gartrar4 L.L.C.
Limited Liability Company
Ohio
5- 5-0908146
Gateway Transfer Stabor , LLC
Limited Liability Company
Georgia
20- 1457460
Gemtmatica Inc.
Corporation
Delaware
-
Georgia R'aste Svstmts, Inc.
Corporation
Georgia
58- 1M8526
Giordano Recycling, L.L.C.
Limited Liability Company
Delaware
20- 2098765
Glades Landfill, LLC
Limited Liability Camay
Florida
734630187
Glen's, Sanitary Landfill, Inc.
Corporation
Michigan
38- 2065407
Grand Central Sanitary Landfill, Inc.
corporation
Ptenasylvsma
23- 2049337
Greenbow. LLC
Limited Liability Company
Alabama
05-0605713
GreemleafCOmpactioalnc.
Copaatiom
Arizona
860668806
Greausar Allentown, LLC
LirnioedUabilityComny
Delaware
26 -0778625
Greenstar Georgia, LLC
Limited Liability Company
Delaware
263607650
Greenstar Managed Servicis - Connecticut LLC
Limited Liability Company
Delaware
27 -0586366
Greemm Managed Services- RLWM,LLC
Limited Liability Company
Illinois
37- 1411578
Gmeastar blid- America, LLC
Limited Liability Company
Delaware
20- 187742 ^•
Greenstar New Jersey. LLC
Limited Liability Company
Delaware
262842691
Greenuar Ohio, LLC
Limited Liability Company
Delaware
27-191558D
Greenstar Paterson, LLC
Limited Liability Company
Delaware
261206265
Greenstar Pinsbagh, LLC
Limited Liability Company
Delaware
20-868219
Gremstar Recycled Holdings, LLC
Limited Liability Company
Delaware
20- 1972584
Greenstar, LLC
Limited Lialility Company
Delmwe
20. 8233143
Grmpo WMX SA De C.V.
Corporation
Mexico
-
Guadalupe Mines Mutual lister C.ontpany
No- for - Profit Capoatiou
California
77 -0395278
Ousdahtpe Rubbish Disposal Co., loc.
Capora6on
C alifomia
95- 2746842
Gum Reaance Recovery Partners, L.P.
Limited Partnership
Delaware
36- 4149976
Ham LAW Hamlets, be.
Copoation
&f5mnemu
41- 1704537
Hams Sanitation. Inc.
Catporadou
Florida
Ontario
59- 1219741
-
Harvest Qsarso Partners limited Partnership
Hawaod Landfill. Bic.
limited Part ership
Corporation
161 -YUd
32- 1637402
Fiction Landfill Limited
Corporation
FnBaud
-
High Mountain Feek LLC
Limited Liability Company
Delaware
262 268599
Hillsboro I.sadfin Inc.
C
Oregon
93 -0760239
Holyoke Sanitary Iand81L Inc.
Massachusetts
04- 2481863
IN Loodfdk, L.L.C.
Limited Liability Company
Delaware
61- 1342588
IninTeC InC.
Corporation
Delaware
45- 2730230
International Envaoomeud Management, Inc.
Corporation
Georgia
58- 2016302
Jabaer Sanitation, Inc
Coporaaon
North Dakota
45-0410320
Jay Carry I amdSN, L.L.C.
Limited Liability Company
Delaware
61- 1342592
IFS (UK) Limited
Capo
England
-
K and W Landfifi Inc.
Corporation
Michigan
38- 2504167
Keene hind I Andfill h2t,
Florida
59- 2044226
Kelly Ran Sanitation, Inc.
Corporation
PtuarA atila
25- 1696669
KeyCap Investment Limited Partnership
LimitedPartoaship
Ohio
34- 1783428
King George LA90 Peres, i 7!`
Limited Iia6aEtyCompmy
Virginia
27 -0747734
King O—VLandfill.Inc
Virginia
541632805
Kirby Canyon Holds, LLC
L®moed Liability Company
California
46- 4266705
L*cv0te Recyeling. L.P.
Limited Partnership
Delaware
363730138
Land Reclamation Company. Inc.
Caperation
Delaware
363640254
Land Sash Holdings. LLC
Limited Liability Company
Delaware
20- 5908782
LandSll Services of Qmehmoq loc.
Corporation
West Virginia
55. 0731302
Laurel Frq#ands Landfill, lmc.
Corporation
Prrmsyly nia
25- 1640383
LCS Services. Inc-
Colporation
West Vier min
53. 0673743
Liberty I an ifill L -C.
Limited Liability Company
Delaware
61- 1342590
Liberty Lane West Owners' Aaaacistion
Not -fa Profit Corporation
New Hampshire
36. 4163829
Liquid Wsde Mamgemm4lmc.
Corporation
Csbformia
95- 2779930
Loo&sfC&D Disposal PacUity .Inc-
Corporation
Florida
59- 3598129
Looney Bins, Inc.
Ctipotatioa
California
95. 4704325
MaimbgIaMfm Luc.
Corporation
Ohio
341047662
Mass Chavd lnc.
Corporation
Maswdrosaa
04- 3117495
Me Clones Indtmsniat Maioeaemoe Corporation
Corporation
Tem
741532790
McDetidI -- ll.Inc.
Corporation
North Dakota
45-0399543
McGill T — MR. Imc.
Corporation
Michigan
353076718
Madowfill Iattdfilt bc.
CbT -Won
Delaware
31- 1509701
Mi bilp m Eavaems. Inc
Corporation
Michigan
352434760
MkmGR@D Polymaa. Inc.
Corporation
Midwest One Land CotpaMian
Co po ation
Delaware
20-0606093
MOdenk-MdlKd Energy, LLC
Limited Liability C.ompan9
Delaware
57- 1161216
ASodesto Garbage Co, Inc.
Corporation
California
94- 1633145
Moor Refuse, Luc.
Corporation
California
33- 0622768
Mo u tam Lrdeawity Insurance Company
Corporation
Vermont
03 -0328445
Mamuint7ew Landfill, Inc.
Corpora(oa
Maryland
23- 1538716
ASomitainview Landfill, Inc.
Corporation
Utah
76- 0548746
Multifud Energy Limited
Corporation
Scotland
-
Nassau LandfQ L.L.C.
Limited Liability Company
Delaware
37- 1487482
National Guaranty luv rance Company of
Corporation
Vernon
36- 3643755
Valmont
New England CR L.L.C.
Limited Liability Company
Delaware
04- 3735642
New Milford Connecticut Farms, LLC
Limited Liability Company
Delaware
20- 5485974
New Milford Land61L L.L.C.
Limited Liability Company
Delaware
76-063f312
New Orleaus Landfill. L.L.C.
Limited liability Company
Delaware
38- 3699690
Nll) V F Energy Recovery Coporatiom
Corporation
New Hampshire
02-0390004
North Manatee Recycling and Disposal Facility.
Limited Liability Company
Florida
26. 0283104
L.L.C.
Northwestern I -ad IL Inc.
Corporation
Delaware
52- 2023458
Nu -Way Lire Oat Reclamation, W.
Capoation
Delaware
68-0236308
Oak Grove Disposal Co, hc.
Corporation
Oregon
93-0583777
OsL - tmf Gl" Holdings, Lx
Corpxatioa
Delauarc
20.5028389
Oatleaf Waste Management Ltd.
Corporation
Federally Chartered
-
Oatleaf Waste M anagement Inc.
Corporation
Delaware
51-0455625
Oak - leaf Waste Management, LLC
Limited Liability Company
Connecticut
06.1429625
Oalxidge Landfill, Inc.
Corporation
South Carolina
25- 1547187
Oatwood Landfill, Inc.
Corporation
South Carolina
57-0974474
OGH Acquisition Corporation
Corporation
Delaware
26-0638020
Okeechobee Landfill, Inc-
Corporation
Florida
25- 1628636
Oral Ridge Landtill.Inc.
Corporation
Arkansas
71- 0692520
P & R Environmental Industries. L.L.C.
Limited Liability Company
North Caroline
04- 3735653
Pacific Waste Management L.L.C.
Limited Liability Company
Delaware
98-0227312
Palmetto Seed Capital Fad
Limited Parnership
South Carolina
57-0889130
Pappy, Inc.
Corporation
Ldatylard
52- 1561430
Peitz H.C.. LLC
Limited Liability Company
Wisconsin
UK- 0000100
Peninsula Compost Company. LLC
LminedLiabilityCompany
Delaware
68- 0646332
Pen-Rob, Inc.
Corp—
Arizona
86-0504613
Penuelas Valley Landfill. Inc.
Corporation
Puerto Rico
66- 0560251
People's I andflL Inc.
Corporation
Delaware
38- 3406998
Petemn Demolition, Inc
Corporation
Minnesota
41- 1625867
Phoenix R.so rcer, Inc.
Corp—
Pennsylvania
23- 2483102
Pine Grove Landfill Inc
Corporation
Pennsylvania
23- 2388139
Pine Tree Acres, Inc.
Corporation
Micbmin
39- 2544258
PmCennay Corporation
Corporation
Ohio
LIK- 0000026
Pro - Vigil. Inc.
Corporation
Texas
204569163
Quid Hollow Landfill, Inc
Corporation
Delaware
62- 1727567
Q alsoex, LLC
Limited Liability Company
Delaware
-
Qustgnilt Limited
Coaporation
England
98- 0221631
R & B Landfill , Ine.
Corpaabon
Georgia
25- 1754371
RAA Colorado, L-L-C.
Limited Liability Company
Colorado
20- 2587942
RAA Trudtitg. LLC
Limited Liabiw Company
Wisconsin
39- 2040612
RCL Hudson. Inc.
Corporation
Massachusetts
04- 3044820
Recycle America Co., L-LC.
Limited Liability Company
Delaware
04- 3735636
Recycle America Hbldivga, Inc .
Capocaion
Delaware
72- 1541913
Recycleltr* ds, Lac
Corporation
Delaware.
20. 97':9718
Redwood Landfill , hr-
Corporation
Delaware
94- 1443150
Refuse Services, ire.
Corporation
Florida
59- 1098850
Refuse, Inc.
Carparatiom
Nevada
884)094235
Reliable Iand6E L.L.C.
Limited Liability Company
Delaware
73- 1654400
Remote I am Services, Inc.
Corporation
Tamessee
62- 1421307
Rennstie, sac.
Corporation
DeIrware
26- 1641190
Reno Disposal Co.
COTO -f n
Nevada
88. 0087933
Rewo Holdings LLC.
Limited Liability Company
Dehmwe
20-0584193
Resource Control Composting, Inc.
Corporation
Massachusetts
04- 3044933
Resource Control, Inc.
Corporarior
Massachusetts
04- 2655361
Richland County lmd60I=.
Corporation
Soa&Carolina
59- 17089%
Riverbend LAB" Co.
Corporation
Oregon
93-0724866
RTS Landfill, Inc.
Corporation
Delaware
59- 1924102
Rua Engineering & Construction inc.
Corporation
Ddaaare
63- 1081016
Rest Enoneerimg ([b11010d) Ltd
Colpmatioo
Thailand
-
Rua LLLamdoosl Inc.
Corporation
Delaware
63- 1081055
S & 3 Landfill Limited Partnership
Limited Pattnerabip
Texas
76-0104581
S & S Grading, hoc
Corporation
Wet Virginia
59. 1958013
S&T Materials. LLC
Limited Liability Campaay
Florida
2&3327760
Ssnim de Mexico (Usy ire.
Corporation
Delaware
76-0419331
Saoibll de Mexico, S.A. de C.V.
Colpaatiaa
Mexico
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SC Holdings, loc.
Corporation
Pesmsylvania
36- 2898300
Sermbam Se viroc Urbaoos E Ambimdis L &
Capaviou
Brazil
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SES Bridgepon uC.
Limited Liability Company
Delaware
36. 4057298
Shade Landfill. Inc.
Corporation
Delaware
23- 2986198
SharglaiEnvironment Croup Company Limited
L.iotioul
Peopwa Republic OfChina
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Sierra Esadia I.—Mll hr-
Corporation
Arizona
86-0717293
SoutherAllegknisI -Afill hx-
Corporation
Pennsylvania
25- 1249160
Southern One Land Corporation
Corporation
Delaware
72- 1534481
Southern waft Services, LLC.
lmaed Liability Company
Delaware
61- 1342585
3pmce Ridge, hoc.
Corporation
Minnesota
4I- 1591957
Stony Hollow randfi0, Inc.
Corporation
Delaware
76-0638597
3ubmban Laod58, hoe
Corporation
Delaware
76-06365%
Swire WSW Mumigement Limited
Private Limited Company
Hong Kong
35- 2436397
f orb s Lnd61l L.L.C.
Limited Liability Coups"
Delaware
30 -0239245
rexn Pads Rat- AAw in #1 LLC
Limited Liability Company
Texas
20-3668884
Texas Pack Rat - Dallas #1 LLC
Limited Liability Company
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26- 2054900
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20- 4572458
Texas Pack Rat - Houston #2 LLC
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20- 5227255
Texas Pack Rat - Houston #3 LLC
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20 -5 1 27324
Texas Pack Rat - Sao Antonio #1 LLC
limited Liability Company
Texas
204572603
Texas Pack Rat Service Company LLC
Limited Liability Company
Texas
—
TLe Peitz Group, LLC
Limited Liability Company
Wisconsin
05-0545181
The Waste Mlanagermeat Charitable Foundation
Not -for -Profit Corporation
Delaware
04- 3073733
The Woodlands of 4 an Buren. Inc.
Corporation
Delaware
363791221
Thermal Remediation Solutions, LLC.
Limited Liability Company
Oregon
91- 1865607
TA'T Sands, Inc
Corporation
South Carolina
57- 0937314
Trail Ridge Landfill- Inc.
Corporation
Delaware
363667296
Traoseoxtxau Waste Central Landfill, loc.
Caporatioa
Delaware
76-0463386
Trash Hunters, inc,
Corporation
Mississippi
64-0852590
Trashco Inc.
Coeporation
Delaware
261885543
TX Newco, L.LC.
Limited Liability Company
Delaware
61- 1468715
Gaited Waste System Lear= Inc.
Corporation
Michigan
38- 3324143
USA South Hills Landfill Inc.
Corporation
Pennsylvania
25- 1139448
USA Valley Facility, Inc.
Corporation
Delaware
23- 2886199
LISA Waste Geneva Landfill, Inc
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Delaware
:4- 1802751
USA Waste Landfill Operations and Transfer. Inc.
Corporation
Texas
76-0435557
USA Waste of California. Inc.
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Delaware
68-03061-
USA Waste of Texas Landfills, Inc.
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Delaware
760322548
USA Waste of V irVM Landfills, Inc.
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Delaware
58-1932:48
USA Waste Services ofNYC, Inc.
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Delaware
11- 33019M
USA Waste- Maasgemeat R.esomm, LLC
Limited Liability Cotopauy
New Yak
13-3853086
LSALYinc, LLC.
Limi ad Liability Company
Delaware
04- 3735654
U WS Bore, Luc.
Corporation
Massachusetts
04- 3320948
Valley Garbage and Rubbish Company, Inc.
Corporation
California
95- 2090787
VaporLok Products, LLC
Limited Liability Company
Delaware
—
VaporLok Technology, LLC
Limited Liability Company
Delaware
20- ISM559
VemY Rehm Seri , lac.
Coporatlon
Nadi Dakota
45.0435644
VFB. LLC
Limited Liability Company
New Jersey
22- 3842831
VHG, Inc.
Corporation
wfumneota
LK-0000023
VichyFnvnoomeralInc.
Corporation
Ohio
31- 1153176
Vista Land ill LLC
Limited Liability Company
Florida
59- 3652174
Novage r DLV-d P—g, i-
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41- 1734827
Warns Company
Corporation
Delaware
51- 0281233
Warner Hill Development Company
Corporation
Ohio
34- 1043478
Waste Away Group, Inc.
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Alabama
63- 0598842
Waste Miaoagement Manor Landfills, Inc.
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Delaware
860683003
Waste Management Buckeye, L.L.C.
limited Liability Company
Delaware
2600769M
Waste Managumtent Collection and Racyclmg,
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California
95- 2621587
Inc,
Waste Management Disposal Service of
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Colorado
84- 1004487
Colorado, Inc-
Wade Management Disposal Services of Maine.
Catpotation
Maine
01. 0392888
loc-
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Corporation
Maryland
362898301
Waste Manageme[ Disposal Sevxi=of
Cotparaaon
Massachusetts
04- 2320990
Massachusetts, loc.
Waste Management Disposal Service of oreva
Corporation
Delaware
363548405
Inc.
Waste Management Disposal Services of
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Pennsylvania
23- 1655319
Peroylverr* Inc.
Waste Management Disposal Services of
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Delaware
363791008
Virginia, inc.
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Delaware
362660763
Waste Managemm[Lme.ofFlorida
Corporation
Florida
59- 1094518
Waste Management l drxM LL.0 .
Limited Liability Company
Delaware
81-0640497
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Corporation
Delaware
363255004
Waste Maoagemm [NafiomdSavices,ax.
Corporation
Delawm
760686861
Wave Management of Alerneda County, Inc.
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California
94-0727420
Wage Maoagenient of Al-*- , Lmc.
Corporation
Delaware
91- 1879241
Wage Management of Arizona, Luc.
Corporation
California
86.0198265
West- Management ofArlomcas,Inc.
corporation
Delaware
04- 2814511
Wage Management of California,1W.
Capomtiom
California
95- 1735737
Waste Management ofCaoada Corporation
Corporation
Nova Scotia
87- 6294844
Waste Management of c*Wiou, Inc.
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Nosh Carolina
56-073 1 3 07
Waste Mamagemeat ofCderado, Inc.
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Coiotado
84 -0523694
Wage Managemm[ ofCaumficnt, be,
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Delaware
061485581
Waste Management of Delaware, Inc.
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Delaware
51- 0094MS
Wage Management of Fairless, L.L.C.
Limited Liability Company
Delaware
263468180
Waste Management of Five Oala Recyeliag and
Corporation
Delaware
37- 1035820
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Geasgis
363319564
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Delaware
76-0638599
Wage Management of Idaho, Lac
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Idaho
820364976
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Delaware
362660859
Wage Management of Indians Holtffip Oae. ins. Carp mat ion
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364039079
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Delaware
364059574
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Delaware
36. 4071447
wage Mimmgement otlowa. Inc.
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Iowa
42-09242"
Waste Management oficansss,Inc.
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49-0634806
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Waste Management of Leon Comity, Inc.
Waste I.1suagemem of Londonderry, Inc.
Waste Management of Louisiana Holdings One,
Inc.
Waste msuagemem of Louisian LLC.
Waste Management of Maiue, Inc.
Waste managemem of Maryland, Inc.
Waste Management of Massachusetts, Inc.
Waste Management of Metro Atlanta Inc.
Waste Management of Michigan. Inc.
Wane Management of Minumm.Inc.
Waste Management of Mississippi, Inc.
Waste Management of Misso ri. Inc.
Waste Management of Momama, Inc.
Waste Management of Nebraska, Inc.
Waste Management of Nevada, Inc.
Waste M anagement of New Hampshire. Inc.
Waste Management of New Jersey. Inc.
Waste management of New Mexico, Inc.
Waste Minagemenr of New York. L.L.C.
Waste Management of Nordi Dakota, lnc.
Want Management of Ohio. inc.
Waste Management of Oklahoma.Inc.
Wane Msosgemem of Oregon, Inc.
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Recovery, L.L.C.
Waste Management of Penmyl aria. Inc.
Waste Management of Rhode island, by.
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Waste Managemao of Somh Dakota, by-
Waste Management of Texas Holdings, Inc.
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waste Management pauses, Iue.
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Waste Management Service Cents, Inc.
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Waste to Energy Holding, lac.
Waste to Energy L LLC
Waste to Energy IL LLC
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WEST Capital Inc.
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1k'ESI Westchewer lac.
Westchester Resw Associates, L.P.
Western One Land Cotpotatimn
Ulesten Waste Industries
Western Wage of Texas, L.L.C.
Wleelabtaim Baltimore LLC.
WMdabator Eat LP.
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Limited Liability
Delmsare
Florida
Delaware
Delaware
364035649
36- 3319565
20- 5657050
364142119
Delm-am
Maryland
Massachusetts
Georgia
Michigan
Minnesota
Mississippi
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Nevada
Connecticut
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364119910
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peomylvania
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Delaware
363668109
Corp
Somtb Carolina
362935124
Capaation
South Dakota
460348394
Corporation
Delaware
43- 1976001
Corporation
Texas
75- 1223528
Corporation
Mississippi
64- 0869334
Corporals-
Utah
87-0302156
Corporation
vnginia
25_1578667
Carpwation
Delaware
363846342
Corporation
Delaware
363553198
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Slrnsconam
39-0967466
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Delaware
363828554
Corporation
Delaware
363220911
r titan
California
95- 2370376
04- 3735640
Corporation
Delaware
20. 4017651
02 -0393452
Delaware
73- 1309529
Corporation
Tennessee
362935128
02. 0442576
Delaware
76. 0652923
Limited Liability Company
Delaware
02 -0519035
Limited Liability Company
Delaware
02 -0519036
Corporation
Delaware
02- 0357495
Corp
Delaware
363861933
CNPaatioo
Delaware
02 -0363274
Delaware
02.0360305
Limited Parmership
Delaware
02-0367753
Corporation
Delaware
76-0688224
Corporation
California
95- 1946054
Limited Liability Company
Delaware
30-0239250
Limited Liability Company
Delaware
36. 4057301
Limind Partnership
Morylamd
364057307
Limited partnership
Delaware
364057309
Delaware
02-0443870
Corporation
Delaware
263194113
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Hong Kong
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Limited Partnership
Delaware
02-0390003
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204284300
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Delaware
02-0394017
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Delaware
02 -0393450
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Delaware
363908786
Corporation
Delaware
02-0442574
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Delaware
02-0412779
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People's Republic Of Chjm
27-254111
corporation Delaware
0 4-00247 82
Corp —don Delaware
02 -0393452
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04- 3100742
Corporation Delaware
27- 1502145
C - Delaware
02. 0442576
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02. 0396727
Delaware
02-0391601
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363926262
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72- 1541910
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363926261
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61- 1167063
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Wheelalnator Millbury luc.
Corporation
Delaware
02-0412788
W7tedabrator New Hanmpsture Inc.
Corporation
Delaware
02 -0390002
Wbeelabrator New Jerry Inc.
Corporation
Detaware
02 -0391598
R'heelabrator NHC lac.
Corporation
Delaware
02 -0393448
Wheelabrator North Andover Inc-
Coronation
Delaware
36- 3062971
Wheelalrator North Broward lac.
Corporation
Delaware
04- 3030218
Wbeelabrator Norwalk Energy Company Inc.
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Delaware
02 -0395269
WRteelabrator Penwook Dar.
Corporation
Delaware
02 -0393449
Wbeelabrator Pinellas Inc.
Corporation
Delaware
36- 3110153
Wbeelabrator Portsmouth Inc.
Corporation
Delaware
27- 1446081
Wbeelabrator Putnam Inc.
Corporation
Delaware
36- 3908789
Wheelabrator Ridge Energy Inc.
Corporation
Delaware
36- 3820153
W heelabrator Saugus Inc.
Corporation
Delaware
13- 3740971
Wbee labrator Shasta Energy Company Inc.
Corporation
Delaware
02 -03952 - 4
Wbeetabrator Sberman Energy Company. G .
General Partnership
Maine
02 -0390349
Wbeelabratof Sherman Station L.L.C.
limited Liability Company
Delaware
76-0743
Whechibralor Sherman Station One Inc.
Corporation
Delaware
02 -0390312
W beelabramr South Broward lac.
Corporation
Delaware
02-0410154
Wbeelabrator Spokane Inc.
Corporation
Delaware
02- 0416522
Wheelabatmr Technologies Inc-
Corporation
Delaware
32- 2678047
W Aeelabrlta Technologies International loc.
Corporation
Delaware
36. 3965264
W beeiabratm Westchester, L.P.
Limited Partnership
Delaware
M_ -0367751
White Lake Landfill. Inc.
Corporation
Michigan
39-1889893
Willow Oal Iandfil, LLC
Limited liability Company
Gerorgra
20- 145
Willows Power and Recyclang Holdings limited
Private Limited Company
England and Wales
—
Willows Power and Recycling Limited
private Limited Company
England and Wales
—
Wilbws Power and Recycling Operations
Private Limited Company
England and Wales
—
Limited
Wriilows Power and Recycling Trading limited
Private Limited Company
Fbgland and Wales
—
WM Bagoo. LLC
Limited Liability Company
Delaware
264626312
WAS CCP Sohmam LLC
Limited Liability Company
Delaware
45- 5190367
W4d Covasion And. LLC
Limited Liability Company
Delaware
27- 1445960
WM Corporate Services, Doc.
Corporation
Delaware
27- 3308922
WM Curbside- LLC
Limited Liability Company
Delaware
2
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Tot - nor -P oft Corporation
Delaware
1 I- 3758t70
WM Energy Resources. Inc.
Corporation
Delswa a
2 1184260
WM Energy Solutions, Inc.
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Delaware
76-0695139
WM Cuxn Squad. LLC
Limited Liability Company
Delaware
261694369
WM GrcmOps. LLC
Limited Liability Company
Delaware
264194066
W'A1 GTL, Inc.
Corporation
Delaware
26.0294424
WM GDL. LLC
Limited liability Comuny
Delaware
26-0294528
WA1 Healthcare Sohrtioos Inc.
Corporation
Delaware
20.3483524
WM Illinois Renewable figrgy. L.D..C.
Limited liablty Company
Delmore
45-0512000
W1.1 International Hotdmga, Inc.
Corporation
Delaware
76-0607203
WAD KS Energy Resources, LLC
Limited Liability Company
Delaware
45- 1480997
WAS IampTracker, Inc.
Cmpontion
Delaware
262748613
WMLmdfilkofoltio,Lmc.
Cerperatio
Delaware
31- 1509696
WM Landfills of embessee, Inc.
Carpootion
Delaware
62- 1462
W'Id Leasing of Ariaoma, L.L.C.
Limited Liability Company
Delaware
204017719
WM Lraamg of Texas, L.P.
D.mtited Partnership
Delaware
20. 4017724
WM LNG Inc
Corporation
Delaware
262294125
WM Logistics India Private Limited
Private L unw Company
India
98- 1024894
WM [ogist", LLC
Limited liability Cody
Delaware
27- 55-46760
WM Mawr Waste, Inn
Corporation
Delaware
27- 2289604
WM Middle Te®asae Environmental Center ,
Limited Liability Company
Delaware
261946982
L.L.C.
WM Mobile Bay Emiwmmawl Center, Inc.
Corporation
Delaware
76.06386M
SIM ND Energy Resources II, LLC
Limited Liability Company
Delaware
30-0717655
WA111D Energy Res harm LLC
L®i ed Liability Company
Delaware
90. 0779990
WT4 Nevada Renewable Energy, L.L.C.
Limited Liability Company
Delaware
27-1678300
WA1 of Terns, T.L.C.
Limited Liability Company
Delaware
26-0428868
WM organic Growth, lac
Corporation
Delaware
20.4677155
WM PA HoltSngs, LLC
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Delaware
27- 2335935
WM Pack -Rat ofahfomia, LLC
limited liability Company
Delaware
26-03 883
WM Pack -Rat of Dlin* LLC
Dined Liability Company
Delaware
26-0524082
WM Pack -Res of Kentucky. LLC
Limited Lisbtlity Company
Delaware
262289448
WM Park -R8 ofMatylaod, LLC
Limbed WNW Company
Delaware
26.14118%
WM PKk.Rw ofMassachaums, LLC
Limited Liability Company
Delaware
26141 1946
WM Pack-Rat ofMicbigan,LLC
limited liability Company
Delaware
262289484
WM Pack -Rat of Nevada, LLC
limited Liability Company
Delaware
27- 0371$04
W'M Pack -Rat of Ohio. LLC
Limited Liability Company
Delaware
262289407
WM Pack-Rat of Rhode Stand LLC
Limited Liability Company
Delaware
261855760
W'M Pack -Rat LLC
Kited Li1104 Company
Delaware
26-0285281
WAf Partnership Holdings. Inc.
Corporation
Delaware
363974344
WM Phoenix Energy Rmwoea, LLC
Limited Liability Company
Delaware
27- 2340971
WAS Product Recovery CeaRas.LLC.
L®1aed Liability Compamy
Delaware
434462290
WM Product Recovery Services. LLC.
Limited Liability Company
Colorado
45- 3844173
WA1 Quebec Inc.
Corporation
Federally Chartered
—
WM RA Canada Inc.
Corporation
Ontario
—
WM Recycle America, L.L.C.
Limited Liability Company
Delaware
72-1541911
WM Recycle Europe, L..LC.
Limited Liability Company
Delaware
20-0570245
WM Recycling Latin America, LLC
Limited Liability Company
Delaware
45- 5258289
WM Relined Cool, LLC
Limited LiaWpty Company
Delaware
27.4503037
WM Renew" Energy, LLC.
Limited Liability Company
Delaware
45- 0511978
W'M Resource Recovery & Recycling Center, Inc . Corporation
Delaware
262289538
WA1Resorm Inc. Corporation Permsylvanm 25- 1536159
WM Safety Services, LLC.
L rned Liability Company
Delaware
20- 3887188
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Caporauou
Delaware
20- 3714754
WM Services SA
C- P—tiou
Argentina
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W7.1 Storage IL Inc.
Corporation
Delaware
274525390
WM storage, Inc.
Corporation
Delaware
26-0285202
\VM Texas Pack RaC LLC
Limited Liability Company
Delaware
26- 1442144
WM Tnth Monitor Plus, LL.C.
Limited Liability Company
Delaware
26- 1436776
wU TX Energy Resources 11. LLC
Limited Liability Company
Delaware
90 -0789880
W7.4 TX Energy Resources. LLC
Limited Liability Company
Delaware
27 -4199664
WM WY Energy Resources li, LLC
Lmtited Liability Company
Delaware
27- 3555459
W74 WY Energy Resources III. LLC
Limited Liability Compa%
Delaware
27- 3555596
UNI WY Energy Resources, LLC
Limited Liability Company
Delaware
27- 1184329
W7.II Mexico Holdings. Inc.
Corporation
Delaware
36.3912290
WbL*lA Container Recycling, LL-C.
Limited Liability Company
Delaware
04- 3735649
.V1dRE ofKenmck LLC
Limited Liability Company
Delaware
75- 2841.73
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limited Liability Company
Delaware
27- 3334762
w7.IItE of Ohio. LLC
Limited liability Company
Delaware
75- 2845119
V4%dRE ofOhio- American. LLC
L Liability Company
Texas
75- 2939229
NNUSALSA, Inc.
Not - for -Profit Corporation
Texas
20- 2580150
WTI Art pollution Control Inc.
Corporation
Delaware
364 110833
wTD Financial L.L.C.
Limited liability Compaq
Delaware
20 -0584237
WTI Imernsliaul Holdings Inc.
Corporation
Delaware
36-3908839
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Corporation
Delaware
02.0351425
WTI UK Fur Co Ltd
Corpartioa
England and Wales
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Corporation
England and Wales
980336025
WTUEFW Holdings Ltd
Capatation
England and Wales
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Corporation
England
98- 1012514
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IMPORTANT: If the aAMeate holder is an ADDITI NAL INSURED, the pollcy(in) must be and read. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, cw poi las may require an andomement. A Olt on this certificate does not confer rights to the
card icsb holder M Ilau of such endoreemsnt(s) .... -1 n n, a
5647 SAN FELIPE, SI
HOUSTON TX 77057
866 -260 -3538
INSURED
1300299
125 TOPPINO INDUI
ROCKLAND KEY FL
a
MONROE
THE FLORIDA KEYS, INC.
DRIVE
North
- -1 , nG 1VLJL.1 I r%ILJL
INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER
LIMITS
A GENERAL LIABILITY y y HDO02732924A 1/12014 111/2015 C I a 5.000.000
X1 COMMERCIAL GENERAL LIABILITY 5, 000,000
CLAIM84AADE 191 OCCUR 1 1 1 1 MED —P (Amr ar a l a XXXXXxx
IXX I 1SO FORM CG 00011207
oEwL AGGREGATE LIMIT APPLIES PER
A
AUTOMO
LIABILITY
Y
Y
MMT H08816025
1112014
1/12015
S 1,000, 000
X
ANY AUTO
BODILY INJURY (Pw Pw+snl
S
X
A�QICMED
1
BODILY INJURY (Psr ao;Mwlt
S X)XXXXX
X
S MMSULED
HIRED AUTOAllTOB
s
X
MCS -90
s =
X3Q0(X7x
C
X
UaWRBLLALIAS
X
OCCUR
Y
Y
XOO G27054961
1/1/2014
1/1/2015
EACH OCCURRENCE
$ 15, 000,000
EX CESS LIAS
CLAIM
AGGREGATE
S 15, 000,000
DIED RETENTIONS
: XXXXXXX
B
A
AND lMWLOYERS'LIABILITY yI N
Y
WLRC47876345(AOS)
1/12014
1/12015
X
A
ANrrROrle
o MaMShcsxatmEOr
NIA
WLR C47876357 AZ1 CA &
SCFC47876369(
)1/1/2014
1/1/2014
1/12015
1/1/2015
a.L EACH ACCX W
113,000,000
I
ob�Cll�lo wi OPe TKM ate.
E L as0ua- Fw wv�ovr><
3,000,000
3 000 000
A
LLIIABBIILMY�O
y
Y
XSA H09816013
1/12014
1/12015
COMBINED SINOLB LIMIT
9,1X10,000
(E ACCIDEN TI
oeaCRllrK)N OF OPERATIONS I LOCATIONS I VEHICLES 4AUM* ACORD 101, AddlSond Ranwks Selw1ula, N nlora aPsoa Y requ"
BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT
RE ,T ERE UIRED BY WRITTEN CONTRACT WH PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS A11ADDITIONAL INSURED
(EX EPT FOR WORKERS' COMPEL) WHERE AND TO THE EXTENT REQUIRED By WRITTEN CONTRACT. _ /7l
RECEIVED
a I /a ►�f.'
Ir
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF. NOTICE WILL BE oaLIvERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
3436215 AUTHORIZED REPRESENTATIVE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
1100 SIMONTON STREET
KEY WEST FL 33040 _
Vl }
tD 28 (2010108) 01988 -2010 ACORD CORPORATION. All rights ra
The ACORD name and logo are registered marks of ACORD