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2nd Amendment 05/10/2017Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement This Amendment 2 to the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement dated May 21, 2014 is entered into thisl 0 day of May, 2017 between Ocean Reef Club and Monroe County Board of County Commissioners ( "County" or "BOCC"). WHEREAS, the County entered into the Amended and Restated Solid Waste and Recycling Collection Franchise Agreement (Franchise Agreement) with four individual contractors (Franchisees) whereby an annual Consumer Price Index for all urban consumers (CPIU) adjustment is allowed; and WHEREAS, the Franchisee Agreement were amended September 21, 2016 by Amendment 1 in order to specify that adjustments to the commercial disposal rate should be in accordance with CPIU adjustment used in the Haul Out Agreement; and WHEREAS, three out of the four Franchise Agreements uses the national CPI rather than the local Miami \Ft. Lauderdale index; and WHEREAS, some of the Franchisees have asked for their contract to be amended to use the Miami /Ft. Lauderdale index and therefore this amendment is placed by the BOCC for consideration; NOW THEREFORE, the parties hereby agree that paragraph 5. B. is amended as follows: 1. Paragraph 5. CHARGES, RATES, AGREEMENT AMOUNT AND LEVELS OF SERVICES B. Solid Waste and Recycling Collection Rate Adiustments (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 Services 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, the Commercial Disposal Rate shall be adjusted in accordance with the CPIU adjustment used in the Haul Out Agreement, and the CPIU for such shall not exceed 5% annually. CPIU increases beyond S% 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 (12) months available, end in February, but shall not exceed 2.5%. Residential adjustments for the combined Residential Solid Waste and Recycling Collection shall be allowed as follows: Year 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 Commissioner approval of the period and annual rate adjustments, the Franchisee will received the specified CPI adjustment. Except as amended herein and as amended by Amendment 1 dated September 21, 2016, the original Franchise Agreement remain in full force and effect. ;l�tEOF, each party has caused this Agreement to be executed by its duly authorized ive *J' he day and year first above written. ' i-T, y BOARD OF COUNTY COMMISSIONERS K, Clerk �n OF MONROE COUNTY, FLORIDA By By: 4.4, Deputy Clerk Mayor 7 J By: 3 a 0 -rt Z v r C)r Z � nx on N - n O The foregoing instrument was acknowledged before me this day of 'n Z 7, by m Cl) _Robert C. Gunkel an officer of the Ocean Reef Club, Inc., who is( ) personally nowFto me or J produced a driver's license as identification. 't OCEAN REEF CLUB, INC. Robert C. Gunkel Sr. Vice President � *7 & NOTARY PUBLIC, STATE OF FLORIDA MONROE COUNTY ATTORNEY / AS TO FORM: CHRISTINE M. LIMBERT- BARROWS Date A SSISTA14T a e SSISTA14T CO lj1yTY ATTORNEY (V 11 �-- Print, type of stamp commissioned name of notary Notary Public State of FW" LuAnn V Lowen 4 My Commission FF 987036 'for Expims 08/23/2020 ,4CC)R °® CERTIFICATE OF LIABILITY INSURANCE F DATE 05 /2 5/2016 M /DD/YYYY) 05/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 'BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies, n req„ire an endorse,,.ent. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1- 999 - 999 -9999 Wells Fargo Insurance Services USA, Inc. CONTACT Rehana Ka to NAME: P PHONE FAX C No Ext: 713- 358 -5292 A/C. No: 713- 358 -5293 E -MAIL h eana Ka to ®a ADDRESS: R P jg• com 4000 Town Center, Suite 800 INSURER(S) AFFORDING COVERAGE NAIC# Southfield, MI 48075 INSURER A LIBERTY NUT FIRE INS CO 23035 EACH OCCURRENCE INSURED INSURER B: COMMERCIAL GENERAL LIABILITY Ocean Reef Club, Inc. dba Ocean Reef Club INSURER C DAMAGE ( RENTED PREMISES Ea occurrence INSURER D: 35 Ocean Reef Drive, Suite 200 INSURER E: Key Largo, FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER: 46931603 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED PREMISES Ea occurrence $ CLAIMS -MADE F7 OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO LOG $ AUTOMOBILE LIABILITY AS2- 641 - 444377 -736 06/01/1 06/01/17 COMBINED SINGLE LIMIT Ea accident 2,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ 'Tt NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident UMBRELLA LIAB OCCUR EACH OCCURR�E- AGGREGATE rt'1 $ t EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ ` -• $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N WC STATU- ,.... QTH- TORY IMIT � �u R ' E.L. EACH ACCIDENT -1 $ y i� OFFICER/MEMBER EXCLUDED' F (Mandatory In NH) N/A E.L. DISEASE - EA EFd iIYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLI IMIT $ fv7 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Ocean Reef Club, Inc Solid Waste & Recycling Collection, 35 Ocean Reef Drive Suite 200, Key Largo, FL 33037 APPR ED 8 EMEM BY • �, l.�lL WAIVE N/A _ fi 0_ CERTIFICATE HOLDER CANCELLATION U ACORD 25 (2010/05) ikingcerts 46931603 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 000 Simonton St., Rm. 2 -231 AUTHORIZED REPRESENTATIVE Key West, FL 33040 �9LA,, USA ACORD 25 (2010/05) ikingcerts 46931603 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOORL> ® CERTIFICATE OF LIABILITY INSURANCE DATE 05 /2 5 /201 05/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate d not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1- 999 - 999 -9999 Wells Fargo Insurance Services USA, Inc. CONTACT Rehana Ka to NAME: P PHONE 713- 358 -5292 FAX 713 - 358 -5293 A/C No Ext : A/C No E -MAIL Rehana Ka to ®a' com ADDRESS: P Jg• 4000 Town Center, Suite 800 INSURER(S) AFFORDING COVERAGE NAIC# Southfield, MI 48075 INSURERA: LIBERTY MUT FIRE INS CO 23035 EACH OCCURRENCE INSURED INSURER B LEXINGTON INS CO 19437 Ocean Reef Club, Inc. dba Ocean Reef Club INSURER C: DAMAGE ( RENTED PREMISES S occurrence INSURER D: MED EXP (Any one person) 35 Ocean Reef Drive, Suite 200 INSURER E: $2,000,000 Key Largo, FL 33037 INSURER F: COVERAGES CERTIFICATE NUMBER: 46931640 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY TB2- 641 - 444376 -676 06/01/1 06/01/17 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR DAMAGE ( RENTED PREMISES S occurrence $ 1,000,000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $2,000,000 X SIR: $25,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY F PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS L PROPERTY DAMAGE Per accident $ 1 $ B X UMBRELLA LIAB X OCCUR 007020654 06/01/1 06/01/17 EACH OCCURRENCE 5,000,000 AGGREGATE �4 1 5,GU,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,000 tx.. WORKERS COMPENSATION WC STAT OTH- (� AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) N/A IM ER E.L. EACH ACC! NT $1 E.L. DISEASE - aLOYEE ` S -7 -0 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - FTL LIMIT S'0 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Ocean Reef Club, Inc Solid Waste & Recycling Collection, 35 Ocean Reef Drive Suite 200, Key Largo, FL 33037 Certificate Holder is included as an additional insured on the General Liability licy as whe required by written contract per form LC 20 34 10 13. APP IS EMM DA WAN. N/A `( __. CC- 41 L-f. C CERTIFICATE HOLDER CANCELLATION L-he Imo. - 01.x) r- ACORD 25 (2010105) jkingcerts 46931640 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 000 Simonton St., Rm. 2 -231 AUTHORIZED REPRESENTATIVE Key West, FL 33040^,�,� USA r- ACORD 25 (2010105) jkingcerts 46931640 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD