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1. 07/20/1994 Agreement Solid Waste and Recycling Collection Franchise Agreement Between The Board of County Commissioners of Monroe County and Mid-Keys Waste, Inc. TABLE OF CONTENTS Page 1. TERM 1 2. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 3. SERVICES PROVIDED BY FRANCHISEE ......................... 8 A. Exclusive Franchise Granted .............................. 8 B. Responsibility For Service Billing and Collection ............. 9 C. Emergency Service Provisions ............................. 9 4. SOLID WASTE COLLECTION SERVICES ......................... 10 A. Curbside Residential Solid Waste, Vegetative Waste, and Bulk Trash Collection Services ................................. 10 (1) Conditions and Frequency of Service .................. 10 (2) Accessibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 B. Containerized Residential Solid Waste Collection Service ...... 11 (1) Conditions and Frequency of Service .................. 11 C. Commercial Solid Waste Collection Service .................. 11 (1) Conditions and Frequency of Service .................. 11 (2) Method of Collecting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 (3) Level, Type and Disclosure of Rates for Commercial Collection and Other Services ........................ 13 D. Hours of Collection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 E. Routes and Schedules .................................... 14 5. RECYCLING COLLECTION SERVICE: . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 6. CHARGES, RATES AND LEVEL OF SERVICES .................... 20 A. Obligation of Franchisor for Billing, Collection, and Payments .. 20 1. Specific Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20 2. Units Omitted From Annual Roll. . . . . . . . . . . . . . . . . . . . .. 21 B. Solid Waste and Recycling Collection Rate Adjustments . . . . . . .. 21 C. Solid Waste Disposal and Recycling Processing Costs. . . . . . . . .. 22 D. Extraordinary Rate Adjustment ... . . . . . . . . . . . . . . . . . . . . . . . .. 23 E. Franchise Fee ........................................... 23 7. HOLIDAYS. . . . ... ... . .. ... .. . .. .. . .. .. .... . . . . . . . . . . . . . . . . ... 23 8. SPECIAL SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23 9. PUBLIC AWARENESS PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 10. MANNER OF COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24 11. PERSONNEL OF THE FRANCHISEE ............................. 24 12. SPILLAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 13. SOLID WASTE AND RECYCLING FACILITIES . . . . . . . . . . . . . . . . . . . .. 25 14. COLLECTION EQUIPMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 15. VEGETATIVE WASTE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDO!JS OR BIOMEDICAL WASTE AND SLUDGE ............................. 26 17. OFFICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27 18. COMPLAINTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27 19. QUALITY OF SERVICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27 20. FILING OF REQUESTED INFORMATION AND DOCUMENTS ........ 30 21. UNCONTROLLABLE CIRCUMSTANCES.......................... 31 22. PERMITS AND LICENSES. . . . . . ... ... .. . .. . . . . .. . .. . . . ... . . .. .. 31 23. PERFORMANCE BOND ........................................ 32 24. WORKER'S COMPENSATION INSURANCE . . . . . . . . . . . . . . . . . . . . . . .. 32 25. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32 26. INDEMNITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33 27. ACCESS TO FRANCHISEE BOOKS AND RECORDS. . . . . . . . . . . . . . . .. 33 28. POINT OF CONTACT .......................................... 33 29. NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34 30. DEFAULT OF CONTRACT ...................................... 34 31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR CHANGE IN LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37 32. RIGHT TO REQUIRE PERFORMANCE ........................... 37 33. TITLE TO WASTE ............................................. 38 34. GOVERNING LAW AND VENUE ................................. 38 35. COMPLIANCE WITH LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38 36. ILLEGAL PROVISIONS ........................................ 38 37. ASSIGNMENT AND SUBLETTING ............................... 38 38. MODIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39 39. INDEPENDENCE OF AGREEMENT .............................. 39 40. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT ........ 40 41. OTHER RATE ADJUSTMENTS .................................. 40 42. EXISTING OR PRIOR AGREEMENTS: ............................ 40 EXHIBIT I DESCRIPTION OF BOUNDARIES OF SERVICE AREA ........ 42 EXHIBIT III DISCLOSURE OF SERVICE RATES . . . . . . . . . . . . . . .. 44 EXHIBIT IV PAYMENT ADJUSTMENT. . . . . . . . . . . . . . . . . . .. 47 EXHIBIT V ANNUAL FINANCIAL REPORTING FORMAT . . . . . . . . . . .. 50 EXHIBIT VI SPECIAL SERVICES ...................... 52 EXHIBIT VII PERFORMANCE BOND SLIDING SCALE. . . . . . . . . . . . .. 53 SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT THIS AG REEMENT, made and entered into this ~ day of J v-.\~ ' 199.1, between the Board of County Commissioners of Monroe County. apolitical subdivision of the State of Florida, hereinafter referred to as "Franchisor" and M 0, & - ~ s \tV a. S -k.) r t'\ c. . hereinafter referred to as "Franchisee". In consideration of the mutual benefits, the parties herein agree as follows: 1. TERM: The term of this Agreement shall be for the period beginning October 1, 1994 and terminating September 30. 1999 provided that the Franchisor shall have the option to extend the contract 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. 2. DEFINITIONS: A. Biohazardoua or Biomedical Wutea shall mean those wastes which may cause disease or reasonably be suspected of harboring pathogenic organisms; included but not limited to. waste resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. B. Board shall mean the Board of County Commissioners of Monroe County. C. Bulk Trash shall mean any non-vegetative item which 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, fumiture and automobile tires generated from the property of a Dwelling Unit. 1 D. Collection shall mean the process whereby Residential Solid Waste, Commercial Solid Waste, and Recyclable Material is 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 within the service area. H. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste within the service area. Such service includes both Containers and Compactors, but does not include Roll-off Collection Service. I. Compactor shall mean any container which has compactor mechanism(s), whether stationary or mobile, all inclusive. J. Conatruction and Demolition Debria (C&D) shall mean materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofmg 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. 2 L. Containerized Re.idential Recyclinl Collection Service shall mean the collection of recyclable materials by the Franchisee from Dwelling Units in the service area that requires the u!te of containers for the collection of recyclable materials and the delivery of those recyclable materials to the Materials Recycling Facility. M. Containerized Re.idential Solid Wute Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage, Rubbish, Bulk Trash or Vegetative Waste is 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 Admini.trator 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. Curb.ide Re.idential Recyc1inl Collection Service shall mean the collection of recyclable materials by the Franchisee from all Dwelling Units in the service are that also receive curbside Residential Solid Waste Collection Service for solid waste and other Dwelling Units as are designated by the County. and the delivery of those recyclable materials to the Monroe County Materials Recyc11ng Facility or designated transfer station. Q. Curb.ide Re.idential Solid Wute 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. De.ilnated Facility shall mean a processing, recycling, or transfer facility. S. Dwellinl Unit shall mean any type of structure or building unit with kitchen facilities intended for or capable of being utilized for residential living other than a hotel or motel unit. 3 T. Fi.cal Year shall mean the period October 1 of a given year and September 30 of the following year during this Agreement. U. Franchi.ee 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. Recycling Collection Service, and Roll-off Collection Service. V. Franchi.or shall mean the Board of County Commissioners of Monroe County. W. Garbage shall mean all putrescible waste which generally includes but is 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 attributed 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 in the sides for handles. is not an acceptable garbage receptacle. Any receptacle including waste materials shall not exceed thirty-two (32) gallons in capacity or flfty (50) pounds in weight, unless a Franchisee implements (with written authorization from the Contract Administrator or his Designee) an automated or semi-automated collection system requiring the use of some other standard receptacle compatible with the Franchisee's equipment. Y. Hazardou. 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 17-30.or by any future legislative actions, or by federal, state, or local law. 4 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 ftfty (50%) percent of the time for 'Transient Occupancy" as such term 1S 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 slaughterhouse, 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. Multi-Family Dwelling Unit shall mean and include any building or structure containing two (2) or more Dwelling Units under one roof. DO. 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. EE. Permitted Disposal Facility shall mean the place or places specmcally designated by the Franchisor for the disposal of solid waste. FF. 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 Contract. It shall also mean information concerning levels of service and changes in scope of service. GG. Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass bottles and jars. corrugated cardboard. brown paper bags, office paper, tin and ferrous cans, and other materials added upon agreement between the County and the Franchisee. 5 HH. Recycling Container shall mean a rigid container made of plastic or other suitable su bstance that is used for the storage of commingled recyclable materials. II. Reaidential Solid W_te shall mean Garbage, Rubbish, Bulk Trash and Vegetative Waste resulting from the normal housekeeping activities of a Dwelling Unit. Vegetative Waste shall not be commingled with Garbage, Rubbish, or Bulk Trash. JJ. Reaidential Recycling Collection Service shall mean Curbside Recycling Collection Services and Containerized Residential Recycling Collection Service. KK. Reaidential Solid W_te 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 nwelling 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 RP tag, and each time-sharing unit. LL. Roll-ofT Collection Service shall mean the Collection 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 shall also mean the collection of horticultural, agricultural or vegetative waste, but only when the customer chooses to use Roll-off containers for collection of these wastes. Roll-off Collection Service does not include Special Wastes. Garbage or Recyclable Materials. MM. Rubbiah 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. which 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 which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water-breeding insects. 6 NN. 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. 00. Sludge shall mean a solid or semi-solid or liquid gem..iated from any waste water treatment plant, water supply treatment plant, air pollution control facility, septic tank. grease trap, portable toilets and related operations, or any other such waste having similar characteristics or effects. PP. Special Service. shall mean any services requested or required by the customer which 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 VI. QQ. Special W_te shall mean those wastes that require extraordinary management. They include. but are not limited to. automobile or automobile parts, abandoned automobiles, boat or boat parts, waste oil, sludge, dead animals, agricultural and industrial waste, septic tank pum pings and Biohazardous and Hazardous wastes. RR. Vegetative Wa.te - Replar shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub trimmings, grass clippings. palm fronds, small tree branches and other matter usual1y produced as refuse in the care of lawns, landscaping and yards which shall not exceed four (4) feet in length. Such waste shall be tied in bundles or placed in containers which are susceptible to normal loading and collection as other Residential Solid Waste. If containers are used, they shall meet or exceed the Franchisor specification for such containers. No bundle or f1lled container shall exceed fifty (50) pounds in weight. Regular Vegetative Waste shall not be commingled with Garbage, Rubbish. or Bulk Trash. 7 SS. Vegetative W_te - Oversize shall mean large cuttings of vegetative and wood matter which are part of normal yard maintenance which 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 the mechanical collection equipment of the Franchisee and shall not exceed six (6) feet 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, land development, building demolition or home improvement. Home improvements as defined herein would include but not be limited to carpeting. cabinets, dry wall, lumber, paneling, and other such construction related materials. Carpeting will be picked up by the Franchisee if cut to lengths of six (6) feet or less and bundled. In the case of a dispute between the Franchisee and a customer as to what constitutes oversize vegetative waste, the situation \1.Till be reviewed and decided by the Contract Administrator whose decision will be final. 3. SERVICES PROVIDED BY FRANCHISEE: A. Exc1uaive Franchiae Granted. The Franchisee is herein granted an exclusive franchise to provide Residential Solid Waste Collection Service, Commercial Solid Waste Collection Service. Recycling Collection Service and Roll-off 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 other entity except the Franchisee may offer or provide Residential Solid Waste Collection Service, Commercial Solid Waste Collection Service. Recycling Collection Service or Roll-off 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 exclusive agent to the Franchisor to provide Commercial Recycling Collection Services in the Service Area. The Franchisee shall be responsible for billing and collection of Commercial Recycling Collection services that are not being billed and collected by the Franchisor. 8 B. ResponsibUity For Service Billing and CoUection. 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 Services shall be reported in the format designated by the Contract Administrator. C. Emergency Service Provisions. In the event of a hurricane, tomado, 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. By December 1 at of the year that this Collection 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 man power 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 on December 1 at 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 Collection Agreement. after such has been approved by the Board. based on the rate schedule submitted to the Contract Administrator. Payment for these services shall be made by the Franchisor within ninety (90) days of the receipt of the billing by the Franchisor. 9 4. SOLID WASTE COLLECTION SERVICES: A. Curb.ide Re.idential Solid Waste, Vegetative Waste, and Bulk Trash Collection Service. (1) Condition. 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 fnty (50) pounds in weight. (Regular vegetative waste will be as defined in Section I.KK) 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 defmed in Section l.LL and l.C of this Collection Agreement shall be picked-up by the Franchisee within seven (7) calendar 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. (2) Acce..ibility. 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 a safe and efficient accessibility to the Franchisee's collection crew and vehicle. Enclosures for garbage receptacles shall be within six (6) feet of paved surface or right of way. Fixed or permanant 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 unable to deliver Residential Solid Waste or vegetative waste to curbside and this is certilled by the Contract Administrator, or the residential structure is located in such a manner as to provide non- 10 accessibility to the Franchisee's crew 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 VI. Billing for these services shall be reported in a format prescribed by the Contract Administrator. In the event that a special service request is not listed in Exhibit VII, 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. B. Containerized Re.idential Solid Wute Collection Service (1) Condition. and Frequency of Service: 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 fmal determination. The Franchisee shall be paid the appropriate container rental fee in accordance with Exhibit II. A minimum of once a week service is required of all customers, or such other minimum frequency as provided by law. Service shall not exceed a maxim um of twice per week. Such service shall be provided by mechanical container as defined herein. C. Commercial Solid Wute Collection Service (1) Condition. and Frequency of Service: The Franchisee shall collect and dispose of all Commercial Solid Waste in the Service Area, 11 except Special Waste. A minimum of once a week service is required of all customers, or such other minimum frequency as provided by law. Such service shall be provided by mechanical Container as defmed herein. However. where a customer generates less than one (1) cubic yard per week of waste, 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 ofthe 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 pick-ups per week. All Commercial Solid Waste shall be placed in a Container, Compactor or Garbage Receptacle. Vegetative Waste shall not be 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 any source provided that such Compactors be of a type that can be serviced by the Franchisee's equipment. The customer shall be completely responsible for its proper maintenance. Compactor frequency ofucollection shall be sufficient to contain the waste without spillage. 12 (2) Method of Collectinl. 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 Di.clo.ure of Rate. for Commercial CollectioD aDd Other Service. a. Commercial Collection and Roll-ofT Collection Service.: The Franchisee shall only charge rates as set out 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 an agreement, the Contract Administrator or his 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 Collection and Roll-off Collection Service except as otherwise provided in this Agreement. b. Disclosure: The written Agreement between the Franchisee and the Customer shall be a separate document as specified in Exhibit III: D. Houra 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 13 collected between the hours of 5:00 a.m. and 6:00 p.m. Monday through 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. Route. and Schedule.: For Residential Solid Waste Collection 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 weeks prior to 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 not less than two (2) weeks prior to the change. at no cost to the Franchisor. 5. RECYCLING COLLECTION SERVICE: The Franchisee shall provide Residential and Commercial Recycling Collection Service in the Service Area. The Franchisor shall be responsible for the billing and collection of payments for Residential Recycling Collection Services. The Franchisee shall be responsible for billing and collection of Commercial Recycling Collection Service costs. A. Curbside Residential Recycling Collection Services will be governed by the following terms and conditions: 1. Condition. and Frequency of Service: The Franchisee shall provide Curbside Residential Recycling Collection Services 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 which shall coincide with one of the three regularly scheduled solid waste collection pick-up days. 2. Acce..ibility for Curb.ide Recycling Collection: All Recyclable Materials to be collected shall be in a Recycling Container and shall be placed within six (6) feet of the curb; paved surface of the road, closest accessible right of way, or other such location agreed to by the Franchisee that will provide a safe and efficient accessibility to 14 the Franchisee's collection crew and vehicle. The Franchisee must collect as many Recycling Containers and any additional paper (kraft) bags or bundles as the customer sets out. Where the resident 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 crew 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. 3. Recycling Containel'll: The Franchisee shall ensure distribution of Recycling Containers as supplied by the Franchisor to each unit that is to receive Curbside Residential Recycling Collection Service in the Service Area. The title to these Recycling Containers shall be vested with the Franchisor. However, customers may use their own additional recycling containers as long as they are similar and suitable for this service. B. Containerized Re.idential Recycling Collection Service will be governed by the following terms and conditions: 1. Condition. 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 out in paragraph 2 below. 2. Acce..ibility aDd Schedule for Containerized Re.idential Recycling Collection: All Recyclable Materials to be collected shall be in a Recycling Container or Container designated for Recyclable Materials which shall be located in such location and shall be collected on a schedule by the Franchisee that will provide a safe and efficient accessibility to the Franchisee's collection crew 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. 15 C. Commercial Recyclinl Collection Service: The Franchisee shall have the exclusive right to 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 have the exclusive right to provide loading, collection, transporting and removal services for potential recyclable materials in the Service Area. 1. Conditions and Frequency of Service: The Franchisee shall provide Commercial Recycling Collection Services to all business or commercial entities located in the designated Service Area resulting from its own solicitation. The size and frequency of the Container designated for Recyclable Materials shall be determined between the customer and the Franchisee. 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. 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 and the customer shall be completely responsible for its proper maintenance. Compactor frequency of collection shall be sufficient to contain the waste without spillage. 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 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 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 Recyclinl 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 16 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 ofthe parties to reach such an Agreement, the Contract Administrator, or his 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 II. 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. In the event the same vehicle is used to collect residential recyclable materials and commercial recyclable materials, the burden is on the Franchisee to verify and demonstrate which portion of the load. by volume at the point of collection, is from commercial entities. 3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator of Recyclable Materials retains ownership of those materials until he or she 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. 17 D. Method ofP.yment: 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 day of the month following service. The initial collection rate per unit per month shall be as set out 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 out in Exhibit II. In addition. the Franchisee will bill the Franchisor for the residential collection of automobile tires collected as part of Bulk Trash. The Franchisee shall report tire collections in a format prescribed by the Contract Administrator. This service is subject to available funding and could be terminated upon notification by the Contract Administrator. The rates set out 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 a.m. 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. In the event of a dispute, the Contract Administrator shall determine the hours of collection. F. Route. and Schedule.: The Franchisee shall provide and keep current with the Contract Administrator or his 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 immediately notify the Contract Administrator in writing of any change in any route schedule four weeks prior to 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. 18 G. Replacement of Recycling Containen for Re.idential Dwelling Unit.: 1. The Franchisee will replace at his expense any Recycling Container damaged through the fault or negligence of the Franchisee or his employees. Replacement Recycling Containers or Containers designated for Recycling will be provided by the Franchisor with the cost deducted for replacement containers from the Franchisee's monthly fees. 2. The Franchisor at its expense will supply to the Franchisee, for distribution to the customer, replacement Recycling Containers which were originally provided by the Franchiser and lost or damaged by the occupant of a Dwelling Unit. 3. The Franchisee shall promptly deliver replacement Recycling Containers, damaged by its employees, or when notified by the Contract Administrator, or his designee, or the occupant of a Dwelling Unit where a Recycling Container is damaged or missing, and shall monthly report all such replacements to the Franchisor. The Franchisee shall also promptly deliver additional Recycling Containers as requested by the Franchisor on behalf of the residential customers for the purpose of excess Recyclable Materials. H. Manner of Collection: The Franchisee shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Container 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 Container. Additional materials that cannot be placed in the Recycling Container may be put in a paper (kraft) bag and placed at the usual accessible pick-up location for Curbside Residential Solid Waste Collection. 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. 19 J. Change in Scope oCRecycling 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. 6. CHARGES, RATES AND LEVEL OF SERVICES: A. Obligation oC Franchiaor Cor Billing, Collection, and Paymenta 1. Specific Reaponaibilitiea: 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 or not 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 (10th) day of the month following the month during which services were rendered. Franchisee shall service all residential units. If Franchisee is in doubt as to whether units are being billed, Franchisee will contact the Contract Administrator. On or before October 1, 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 N ovem ber 1 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 payments will be adjusted accordingly. New Dwelling Units which are added for service during the Franchisor's Fiscal Year will be added to the custOI.uer service list and payment will be paid by the Franchisor to the Franchisee in the 20 Franchisee's monthly payment. Payment will be prorated based upon the date of 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 roll provided by the Franchisor, the Franchisee must provide a written list of such Dwelling Units to the Contract Administrator as soon as possible after receipt of the assessment roll. Upon receipt of such written list by the Franchisor. the Contract Administrator will, within 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 1 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 govem the Franchisor. In the event the Franchisor pays the Franchisee for a residential unit in error for whatever reason, the Franchisee shall notify the Contract Administrator. Upon determination of any overpayment, the Contract Administrator will verify the error and make appropriate adjustment to the Franchisee's payment to correct the error. B. Solid Waste and Recycling Collection Rate Adjustments: 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 an annual adjustment in the Residential Solid Waste Collection Service, Commercial Recycling Collection Service, Commercial Solid Waste Collection Service and Residential Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and. separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year of this Agreement the adjustment shall be made solely on the Refuse Rate Index (RRI), and the second and subsequent adjustments shall be the lesser of the actual increase in the Franchisee's costs as shown in the Franchisee's annual audit or the RRI. The adjustments shall be made as set out in Exhibit IV. Within 120 days after the Franchisee's fiscal year hereby defmed as January 1 through December 31, the Franchisee shall deliver to the 21 Franchisor, in a format as shown in Exhibit V, (as may be further revised by the Contract Administrator from time to time). an audited Financial Statement including, at a minimum, a balance sheet and an Income Statement representing the financial position and the results of operations respectively of the Franchisee for each Service Area. The report must include the opinion of a Florida Certified Public Accountant, who has conducted an audit of the Franchisee's books and records in accordance with generally accepted auditing standards which include tests and other procedures necessary, that the Financial Statements are fairly presented, in all material respects, in conformity with generally accepted accounting procedures. The Franchisor and Franchisee understand and agree that time is of the essence regarding receipt of the audited fmancial statement. Therefore. if the Franchisee fails to provide the Franchisor with the audited financial statement on or prior to the date prescribed herein, unless granted an extension by the Contract Administrator, the Franchisee shall pay the Franchisor the sum of one hundred dollars ($100.00) per day for each calendar day the submittal is late. The Franchisee shall supply the Franchisor with such further information as may be reasonably necessary to make the calculations to determine the annual adjustment in accordance with the Payment Adjustment Schedule (Exhibit IV). No change in rates except for the Payment Schedule adjustment as provided by this Agreement shall be made without the approval of the Board. Annual rate adjustments shall be effective the following Octo ber 1, unless otherwise mutually determined by the Franchisor and the Franchisee. C. Solid Waste Diapoa" aDd RecycliDg ProceaaiDg Coata: 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. as well as disposal charges for Roll-Off Service, will be billed by the Franchisee and submitted on a monthly basis to the Franchisor in a format prescribed by the Contract Administrator. Disposal charges for C&D debris will be billed at the current tipping fee as determined by the Franchisor. This monthly billing statement shall be due by noon on the tenth (10th) day of each month, or the fITst business day thereafter. and shall contain information pertaining to the preceding month. Information provided on the monthly billing 22 statement shall be complete and accurate and falsification of the same shall be a criminal offense. D. Extraordinary Rate Adju.tment: The Franchisee may petition the Franchisor at any time for an additional 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 the 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. E. Franchi.e Fee: To compensate for the cost of administration, supervision and inspection rendered for the effective performance ofthis Agreement, the Franchisee shall pay to the Franchisor a fee of three percent (3%) of all gross revenues charged. collected or received arising out of any services or operations conducted in the Service Area. Solid waste disposal costs shall be deducted from the gross revenue total prior to applying the 3% for calculation of the franchisee fee due to the Franchisor. Franchise fees shall be payable within forty-five (45) days of the last day of each calendar quarter. 7. HOLIDAYS: The following days shall be authorized holidays: Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day. The Franchisee shall not be required to collect Residential Solid Waste. Vegetative Waste. Residential Recyclable Material or maintain office hours on these designated holidays. However, should the Franchisee choose to collect on any of these holidays. and if no operational constraints exist, the transfer stations and/ or recycling facilities will be open to collect materials. Services not provided on the designated holidays shall resume on the next scheduled service day. 8. SPECIAL SERVICES: Rates charged for Special Services may not exceed the special service rates as listed in Exhibit VII. In the event the requested special service is not included within Exhibit II, the Franchisee may negotiate with the customer for the rate. Upon failure of the parties to reach an agreement on the 23 rate, the Contract Administrator shall establish the rate. The Franchisee shall be responsible for billing and collection of payment for all Special Services. 9. PUBLIC AWARENESS PROGRAM: The Franchisee shall assist the Franchisor with the Public Awareness Program by distributing door hangers. stickers, flyers or other medium 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 customer 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 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 container is prohibited. To be eligible for pick-up, Residential Solid Waste and Vegetative Waste - Regular must be placed in a Garbage Receptacle or properly bundled. Vegetative Waste- Oversize and Bulk Trash as defined in Sections l.LL and l.C of this Agreement shall be picked up by the Franchisee within seven (7) calendar 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. 11. PERSONNEL OF THE FRANCHISEE: A. The Franchisee shall assign a qualified person or persons 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 company's name during operations. C. Each driver of a collection vehicle shall at all times carry a valid Florida 24 driver's license for the type of vehicle that is 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 is 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 which 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 Franchisee. The Franchisee shall provide to the Franchisor by August 1st of each year written notice indicating the estimated cost of operation per truck mile which shall be in effect for the twelve (12) month period beginning October 1st. The Franchisor shall provide the Franchisee written notice of either approval or denial of the proposed cost by August 15th. If denied. the Franchisor and the 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 either the Franchisor or Franchisee. If an agreement cannot be reached, the Franchisee may petition the Board of County Commissioners for a fmal hearing on the denial. Such decision by the Board shall be final. In the event that a load of Recyclable Materials delivered to the designated facility contains more than 3.5%, by weight of the total load, material which is not Recyclable Material or that there is more than 3.5% paper products within the other co-mingled Recyclable Material or vice versa, the Franchisor has the right to reject the load and to charge the Franchisee the full disposal fee for each ton within the load. The Franchisee may pass this cost through to a commercial customer in the event that the Franchisee can prove that the customer caused the 25 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 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 specmed in this Agreement. Upon execution of this Agreement and annually thereafter, the Franchisee shall provide in a format specmed 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. appearance and in a sanitary. clean condition at all times. Recycling Materials collection equipment shall be multiple compartment equipment (one compartment for each recyclable material collected), or other equipment that meets industry standards and is approved by the Contract Administrator. and must be compatible for unloading at the designated facility. Equipment utilized for the collection of Recyclable Materials shall be clearly identmed for that purpose. The Franchisee shall have available reserve equipment which 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 contractual duties. 15. VEGETATIVE WASTE: All vegetative Waste shall be collected s~parately 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 (6) feet in length and placed neatly at the curb. 16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE: The Franchisee shall not be required to collect and dispose of Special Waste, Hazardous Waste. Biohazardous or Biomedical Waste, or Sludge, but may offer such service in the Service Area. All such collection and disposal for those types of waste 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. 26 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 be open during normal business hours, 8:00 a.m. to 2:00 p.m., Monday through Wednesday and Friday; and 8:00 a.m. to 12 noon on Saturday. The Franchisee shall provide an answering machine during non-office hours for the receipt of customer inquiries. 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 or situations requiring immediate attention. 18. COMPLAINTS: All service complaints shall be directed either to the Contract Administrator or to 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 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 designee ofthe action taken to resolve the complaint on the approved form. The Franchisee shall provide the Contract Administrator with 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 employees, agent, or sub-contractor. 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 3. An excess of legitimate complaints shall be defined as 27 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 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 Franchisee: 28 a. Failure to collect missed customers by 8:00 p.m. $25.00 per incident to a the same day when given notice before noon, or by maximum of $150.00 per 12:00 noon the following day when given notice truck per day between 12:00 noon and 5:00 p.m. b. Legitimate complaints over ten (10) per month $100.00 per incident c. Collection of Residential Solid Waste and/or $100.00 per incident Recyclables before 5:00 a.m. or after 6:00 pm. / d. Commingling Solid Waste with Vegetative Waste, $100.00 per incident Recyclable Materials, C&D Materials, or other waste material: e. Failure to clean spillage: $100.00 per incident f. Failure to replace damaged container within seven $100.00 per incident days (two days for residential) g. Failure to return containers or garbage receptacles $100.00 per incident to original location. h. Failure to repair damage to customer property: $100.00 per incident i. Requiring a designated facility to remain open after $100.00 per hour that the its regular business hours: site remains open after its regular business hours J. Failure to comply with designated facility $100.00 per incident regulations: k. Failure to provide clean, safe and sanitary $100.00 per incident equipment: I. Failure to maintain office hours as required: $100.00 per incident m. Operator not licensed: $100.00 per incident n. Failure to provide documents and reports in a $100.00 per incident timely and accurate manner: o. Failure to cover materials, if appropriate, on $100.00 per incident collection vehicle(s): p. Name and phone number not displayed on $100.00 per incident equipment or containers: q. Providing exclusively prohibited service in another $100.00 per incident Franchisee's area, without prior authorization by the Contract Administrator: r. Not providing schedule and route maps: $100.00 per incident s. Excessive noise generated by service equipment $100.00 per incident and/ or personnel: t. Using improper truck to service commercial or $100.00 per incident residential customer: Improper Action. Liquidated Damaee. 29 u. Failure to submit disclosure notice to either $100.00 per incident customer or Contract Administrator: v. Failure to report recycling activity monthly (on or $100.00 per incident before the 10th day of the following month)., in the format determined by the Franchisor, for the purpose of tracking and verifying county-wide recycling activity: w. Failure to offer a corresponding reduction in the $100.00 per incident level of solid waste service with the implementation of commercial recycling: x. Failure to submit an audited financial statement by $100.00 per calendar day the prescribed date: y. Failure to respond to complaints and customer $100.00 per incident calls, including commercial recycling customers, in a timely and appropriate manner: z. Failure to complete a route on the regular $1000 for each route per day scheduled pick-up day: not completed aa. Failure to deliver any Residential or Commercial $1000 for 1 at offense; Solid Waste, Vegetative Waste or Recyclable $2500 for 2nd offense; Materials to a designated facility: loss of franchise for 3rd offense bb. Failure to provide proper notification prior to $1000 per incident residential route changes: cc. Failure to finish the uncompleted route (s) of the $1500 for each failure to previous day on the next calendar day: complete The Contract Administrator may assess charges pursuant to this Section on a monthly basis in connection with this Agreement and shall at the end of each month during the term of this Agreement notify the Franchisee in writing of the administrative charges assessed and the basis for each assessment. In the event the Franchisee wishes to contest such assessment it shall, within five (5) days after receiving such monthly notice, request in writing an opportunity to be heard by the Franchisor and present its defense to such assessment. The decision of the Franchisor 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 solid waste collection and recycling collection services that is requested by the Franchisor to comply with the provisions of Section 403, F.S., as amended, and any other pertinent laws and regulations. The Franchisee 30 will also be required to submit a monthly operations report in a format prescribed by the Contract Administrator. The results of all recycling activity conducted by the Franchisee in the Service Area during each month, whether residential or commercial, shall be reported accurately to the Franchisor in a format and with such dates as specified by the Franchisor, on or before the 10th 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 1st 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 bond or letter of credit, route schedule and maps, drivers license certifications, and list 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 a liquidated damage 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 which are preventable, removable, or remediable and which 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 his 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. 31 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 hqreunder in the appropriate amount determined in accordance with Exhibit VII. 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 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 cancelled, limited or non-renewed until after thirty (30) days written notice has been given to the Franchisor. Current performance bonds evidencing required coverage must be on file at all times. 24. WORKER'S COMPENSATION INSURANCE Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as Employer's Liability Coverage in an amount not less than $100,000.00 per incident. 25. LIABILITY INSURANCE: The Franchisee shall, during the term of this Agreement, and any extensions hereof maintain in full force and effect general and automobile liability insurance, which specifically covers all exposures incident to the Franchisee's operatif)ns under this contract. Such insurance shall be with a company rated "A" or better by Best Rating Service and in an amount of not less than $1,000,000.00 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. Policy(ies) 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 or non-renewed until after thirty (30) days written notice has 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 32 harmless Franchisor under the provision of Section 25 of this Agreement. 26. INDEMNITY: The Franchisee will hold the Franchisor harmless from any and all liabilities, losses or damages the Franchisor may suffer as a result of claims, demands, costs or judgments against the Franchisor arising out of the negligence or omission of the Franchisee or its employees, which said liabilities, losses, damages, claims, demands, costs or judgment arise directly out of the matters which are the subject of this Collection Agreement and the work to be performed thereby. The Franchisee shall in no way be responsible for or in any way indemnify or hold the Franchisor harmless for any act, omission, negligence or other liability caused by the act or omission in whole or in part of the Franchisor or anyone of its employees or agents. 27. ACCESS TO FRANCHISEE BOOKS AND RECORDS: The Franchisee shall maintain within Monroe County adequate records of all Solid Waste collection and recycling services. The Franchisor or its designee shall have the right to review all records maintained by the Franchisee upon 24 hours written notice. An annual audit of the books and records by a Florida independent certified public accounting firm prepared in accordance with generally accepted accounting principles, pertaining only to each individual Collection Agreement and Service Area, shall be delivered to the Franchisor within one hundred and twenty (120) days of the twelve (12) month period ending the Franchisee's fiscal year, unless an extension should be approved by the Franchisor. No rate adjustments of any type will be granted to the Franchisee unless all required audits have been filed in a timely manner. 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. 33 29. NOTICE: Except where otherwise noted herein, any communication required for any purpose in this Agreement shall be in writing and delivered in person with a signed receipt or sent by certified mail, postage pre-paid as follows: As to the Franchisor: Monroe County Division of Environmental Management 5100 College Road Public Service Building Key West, FL 33040 Attention: Contract Administrator As to the Franchisee: Mid-Keys Waste, Inc. P. O. Box 404 Marathon, FL 33050 30. DEFAULT OF CONTRACT: A. The Franchisor may cancel this Collection 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 state of the United States or any state thereof, or consent to the appointment of the receiver, trustee or liquidator of all or substantially all of its property; or 34 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 officer having jurisdiction, a receiver, trustee or 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 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 ifby 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 (4th) working day in order to provide interim collection services until such time as the matter is resolved and the 35 Franchisee is again able to perform pursuant to this Collection 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 of 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 Collection Agreement upon the giving of written Final Notice to Franchisee, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of Final Notice, and all contractual fees due 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 Collection Agreement. D. In the event of the aforesaid events specified in paragraphs A, Band 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 under this Agreement to the Franchisee 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. 36 31. MODIFICATIONS TO AGREEMENT DUE TO PUBLIC WELFARE OR CHANGE IN LAW: The Franchisor shall have the power to make changes in this Agreement as the result of changes in law and to impose new and reasonable rules and regulations on the Franchisee under this Collection Agreement relative to the method d 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 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, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, 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 which may be required in order to implement changes in the interest of the public welfare or due to change in law. 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 taken or held to be waived of any succeeding breach of such provisions or as a waiver of any provision itself. 37 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 AND VENUE: This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Monroe County and the Agreement will be interpreted according to the laws of Florida. 35. COMPLIANCE WITH LAWS: The Franchisee shall conduct operations under this Agreement in compliance with all applicable laws. 36. ILLEGAL PROVISIONS: If any provisions of this Agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. The parties 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. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. 37. ASSIGNMENT AND SUBLETTING: 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. Prior to any proposed assignment or sale of the Franchise, the Franchisor shall be given the right of first refusal. The Franchisor shall have full discretion to approve or deny, with or without cause, any proposed assignment or assignment by the Franchisee. 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 38 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 which is the subject of this Agreement. In the event of any assignment, assignee shall fully assume all the liabilities of the Franchisee. It is the intent of the parties that no Franchisee, whether 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. 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 (10%) percent stock or 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 contractor with respect to all services performed under this Agreement. 39 40. MUNICIPALITY'S OPTION TO BE COVERED BY CONTRACT: The collector 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 rate of compensation as provided for under the terms of this Collection Agreement. The County and a municipality that elects to be covered by this Collection 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 current franchise agreement dated . shall continue to be served by those franchisees under the provisions of this Collection 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 service 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. 40 IN WITNESS WHEREOF, the parties hereto have caused this Collection Agreement to be executed by the respective authorized representatives as of the date first above written. As to Franchisor: BY: ATTEST BY: DANNY 1.. :K:OLIlAGE. Clerk By: ~a hL ~ A1vJ9"~ " Clerk to the Board ~ APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: BY:~ County Atto y v ATTEST: ~ As to the Franchisee: MID-KEYS WASTE, INC. OF FLORIDA ~~~ By: ---- 41 William D. Konrath President /~ Norman F. Parker Vice-President EXHIBIT I DESCRIPTION OF BOUNDARIES OF SERVICE AREA Pigeon Key to Snake Creek Pigeon Key Marathon Vaca Key Crawl Key Grassy Key Duck Key Conch Key Fat Deer Key Boot Key Stirrup Key Key Colony Beach Long Key Fiesta Key Lower Matecumbe Key Upper Matecumbe Key Islamorada Windley Key Layton 42 EXHIBIT II APPROVBD RATB SCHBDULB Mid-Keys W.ste, Inc. Jl'Y 1994-95 Approved Rates Services Curbside Service Solid Waste $8.05 (2x/wk) Recycling $2.60 (1x/wk) Tire Collection Rate $2.00 Per Tire Residential Collection Rates (per unit) Commercial SoUcl W_te, Commercial Recyc1iag and Roll-Oft" Collection Rates Solid Waste Collection Rate $4.20 per cubic yard Recycling Container Collection Rate $4.20 per cubic yard Compactor Collection Rate (12 cubic yards or less) $12.60 per cubic yard Compactor Collection Rate (greater than 12 cubic yards) $140.00 per pull Roll-Off Collection Rate $140.00 per pull MONTHLY CONTAlNBR MAlNTBNANCB FBES CONTAINERS (NON-COMPACTING) SIZE (cubic yards) RATE w/out locking mechanism 1YD $10.75 2YD $12.25 3YD $13.75 4YD $14.00 6YD $15.50 8YD $17.00 RECYCLING CONTAINERS 32 gal. $1.00 90 gal. $2.50 Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. 43 EXHIBIT III DISCLOSURE OF SERVICE RATES "REGULATION BY MONROE COUNTY" The terms and conditions of this Commercial Solid Waste Collection Service Agreement/ Roll-off Collection Service Agreement are regulated by a Collection Agreement granted by Monroe County. Should the customer have any questions relating to the terms and conditions of this Collection Agreement, the customer may call the Contract Administrator at (305) 292-4432. "COMMERCIAL COLLECTION CONTAINERS" The Customer shall rent the Commercial Collection 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 that the Compactor can be serviced by the Franchisee's collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe, and sanitary condition by the owner. 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. 44 ..<ATES FOR SERVICE DISCLOSUR~ A RATES FOR SERVICES disclosure statement shall be completed and issued to each Customer receiving Commercial Solid Waste Collection Service, Roll-Off Collection Service, or Special Services. Upon initial signing of a contract for these services, a copy of this disclosure statement shall be provided to the Customer and to the Contract Administrator. Any changes in level of service or cost of service shall require the issuance of a new disclosure statement. If service is terminated for any reason, a copy of the disclosure statement indicating the reason(s) and date of termination shall be submitted to the Contract Administrator. The "Rates For Services" disclosure statement shall have attached a rate schedule which 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. 45 "RATES FOR SERVICES DISCLOSURE STA'.I:~MENT" Franchise Name: Customer Name: Customer Address: Customer Phone #: Level of Service: Date of Agreement: Service Date: Begin: End: Item Monthlv 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 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 DIVISION OF ENVIRONMENTAL MANAGEMENT, CUSTOMER SERVICE OFFICE AT (305) 292-4554. 46 EXHIBIT IV PAYMENT ADJUSTMENT An annual adjustment shall be applied to the base residential and commercial collection rates as shown in Exhibit II and as provided within this Agreement. The "Refuse Rate Index (RRI)" adjustment shall be calculated in the following manner: 1) The Franchisee will submit an audited fmandal statement to the County no later than one hundred twenty (120) days following the end of the calendar year. The revenues and expenses of the Franchisee pursuant to the collection of solid waste and recyclable materials generated within the Service Area for the previous calendar year shall be prepared in the format as designated in Exhibit V. 2) The expenses ofthe Franchisee shall be broken down into one of the following five cost component categories: Labor, Fuel, Vehicle Replacement, Maintenance, and All Other. Each cost component category is assigned a weighted percentage factor based on that cost component's percentage total of all cost component categories. Note 1: The "All Other" category includes the balance of revenue dollars to cover normal overhead expenses. This portion will be adjusted by 75% of the percentage change in the Index. Overhead includes: All insurance including general liability. fire, truck damage, extended coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance expenses; customer billing expenses; office supplies; postage; trade association dues and subscriptions; advertising; employee retirement or profit sharing contributions; and miscellaneous other expense. 3) The following indexes are used to calculate the adjustment for each cost component category. The change in each index shall be calculated on a January 1 through December 31 basis for the previous year.n 47 COST COMPONENT Labor INDEX Establishment Data-Hours and Earnings: Sanitary Services (SIC 495) Average Hourly Earnings SOURCE Employment and earnings (E&E), Published Monthly by Bureau of Labor Statistics. (BLS) Fuel INDEX Consumer Price Index (CPI) (Unadjusted) U.S. City Average. All Urban Consumers, Gasoline SOURCE Monthly Labor Review (MLR), Published Monthly by Bureau of Labor Statistics. (BLS) Vehicle Replcm t. Maint. All Other (Note 1) INDEX Producer Price Index (PPI), Trucks over 5 tons GVW (Code 141106) SOURCE Producer Prices and PRICE Indexes, Published Monthly by Bureau of Labor Statistics. (BLS) INDEX 1/3 LABOR: Same as Labor above, Consumer Price Index (CPI) (Unadjusted) U.S. City Average, All Urban Consumers. SOURCE Employment and Earnings (E&E) 2/3 PARTS: Maintenance and Repair SOURCE Monthly Labor Review (MLR) INDEX 3/4 Consumer Price Index (CPI), U.S. City Average, (Unadjusted), All Urban Consumers, All Items. SOURCE Consumer Price Index Detailed Report, Published Monthly by Bureau of Labor Statistics. (BLS) If any of these indices become obsolete during the term of this contract. an altemative. related index may be used. as agreed upon between the Franchisee and the County. 48 4) The percentage weight for each cost component is multiplied by the change in each appropriate index to calculate a weighted percentage change from January to December for each cost component factor. The weighted percentage changes for each cost component are added together to calculate the Refuse Rate Index (RRI), as follows: RRI Sam pIe Cost Weight Source 0/0 Weighted % Component Change Change Labor 33% E&E SIC495 Avg 1.20% 0.40% Hourly Earnings Fuel and Oil 7% MLR-Gasoline -9. 17% -0.64% Vehicle 14% PPI-Trucks 3.74% 0.52% Replacement Maintenance Parts 13% 2/3 MLR Auto 3.21% 0.42% & Equipment 1/3 Labor All Other 33% CPI-All Items 1.84% 0.61% Total 100% RRI= 1.31 % At the end of the frrst year of this Agreement the adjustment shall be made solely on the RRI; the second and subsequent adjustments shall be the lesser of the actual increase in the Franchisee's cost or the RRI. 49 EXHIBIT V ANNUAL FINANCIAL REPORTING FORMAT The Franchisee shall submit to the Franchisor a certified comparative operating cost statement prepared in accordance with generally accepted accounting standards. The Franchisee shall disclose as part of the Statement of Income and Expense 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. Any allocations made will need to 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. Attached is the required format for fmancial statement reporting in accordance with this Franchise Agreement. 50 Revenues: (list by type) Total Revenue (Franchisee) Statement of Income and Expenses For (month, year) ended (month, year) $ $ Expenses and General & Administrative Costs: Employees' wages $ Employees' insurance-group $ Employees' miscellaneous expense $ Employees' payroll taxes $ Employees' uniforms and laundry $ Employees' profit sharing plan $ Depreciation-vehicle $ fuw $ Vehicle insurance $ Vehicle license, tags and tax $ Depreciation-equipment $ Repair parts and maintenance $ Shop supplies $ Tires and tubes $ Depreciation-facilities $ Depreciation-office equipment $ Depreciation-containers $ Accounting $ Bad Debts $ Electric $ Franchise fees-County $ Insurance-general $ ~~ $ Other Operating Costs $ Office Expense $ Profit sharing plan administration $ Postage and freight $ Rent $ Security $ Taxes and licenses $ Telephone $ Utilities $ Office salaries $ Office insurance-group $ Office payroll taxes $ Office uniforms and laundry $ Office profit sharing plan $ Advertising $ Donations $ Dues and subscriptions $ Travel, entertainment and promotion $ Interest $ ~ortization $ Management Fee $ Other general and administration costs $ Total operating expenses and general and administrative costs $ Income before Provision for Income Taxes $ Provisions for Income Taxes $ Net Income $ "The Accompanying Notes are an Integral Part of this Statement" 51 EXHIBIT VI SPECIAL SERVICES RATES DETERMINED BY THE FRANCHISOR Rate Per Service Rolling Out Container (and returning $3.00 it to original location) Back Door Service (Residential Negotiable Curbside Only)* Opening (and closing) Doors or Gates $1. 00 Locks for Containers $10.00 (one time) Charge for Replacements based on cost + 10% Unlocking Containers $1.35 Supplying (and retrofitting) locking $60.00 mechanism on container** Adding wheels to or changing wheels No Charge on 1, 2, and 3 yard Containers only Moving Container Location (if $30.00 feasible) Per Customer Request Adding lids to or changing lids on No Charge Containers Set up and Return Fees $25.00 * 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. Determination of necessity of locking mechanisms is based on customer requirements. ** 52 EXHIBIT VII PERFORMANCE BOND SLIDING SCALE Gross Revenues (Minus Disposal Fees paid to the Franchisor) Performance Bond Required in Millions of Dollars 2.5 - Above $400,000 1.5 - 2.5 $300,000 .5 - 1.5 $200,000 .0 - .5 $100,000 53 SWORN STATEMENT Pl)RSU~TO SECflON 287.133(3Xa), _~, FLORID~ STATlrn:S, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCJ OF A NOTARY P~IC OR OTHER OFFICLU AUTHORIZED TO ADMINISTER OATHS. . COMMISSIONERS .. MONROE COUNTY-BOARD OF COUNTY . 1. This swora llatemeat II 5Ilbm.Ued 10 (priGe aala of tbc pubUc CAtll)'J WILLIAM D. KONRATH (pruae ladividllal'. t1amc aDd IUle) MID-KEYS WASTE, INC. (PriACllaJDC of calil)' ,"bmiUiu" 'WQrD .la&emcDt) by for WhOR bu:W1~ addrw Q P.O. BOX 404, MARATHON, FLORIDA 33050 ... .. aDd (if applicable) i~ Fed.:raJ Employer Idt:DUth:atioD NWDber (F!JN> is .... (If lb~ euUEy bas 110 FEIN. Soc:iaJ ~uri NWDber of &he iudividuaJ si&Ailai &b.bawOl"a ~I.d.:meul: ) 2. 1 uudentaad Ulal a "public utily ~riQle" u defined ill Paraf:rapb 287.133(1XK>. Florida Statute,. aaClUll. viulatioa of auy atate or federal l.w by . penuu witb reapett to &ad dUetlly related to tile trlDla(tio. of bllliaeu wilh any public eanty or wiUl aa a&ency or pQlitical lubdivilioD of aay oUler state or of the Ua&ed Stata, iDcllldia&, but DUllimited 10, aay bid or coulract for eoods or service$ to be provided to auy pu~1ic eatity or aa I&eacy or .puliUcaj JubcUvisioD of aD)' otber state or of dae UDited States aod iDvolviA& aa&.ip'ust, fr....d, &beft, bribery, cullusioo. racketeerinK. cOllspuacy, or watuiallllisrepreselltatioG. . 3.. 1 und.:tSWld tbat"couvicted" or "convictiou" u ddiued iA Paragrapb 287.133(IXb), Florida Statut~, Dle&llla fmlliD&: of eaillt or a COllvi~tioG of a public eUDty crime, witb or witboutao adjudicatioG of &uile, ill aay federal or st<&le trial court of record relatiut: 10 chargea brougbt by iDdielmeut or wormatioo after JuJ)' I, 19l', II. resuU of <& jury verwcl. Duuj..,-y trial, or eatT)' of a plea of guUty or Dolo cODteudere. 4. I uudentaDd tbat lUI "atliliate" u defiDed iD Paragrapb 1.7.133(1)(a), Florida St~~.. me....: 1. A predeceNOr or .",eeNOr of a perlOa cODvieted of a public utiay crime; or 2. Au eUliEy UDder the coatrol (If lUIy Datural IkCSUD wbo is aw:tive io tile maaaKemeat of dae eatiay uel Wbo .... b~\:o cQovicted of It public entity crime. Tbe terw "aifiliate" "'dude. dause omeen. direceora, executivea, partAu., sD<&r6:holders. employees. member., IDd agenu who are active ill the lIIaDagellleal of au affiliate. Tbe owaUllaip by out: pcrJuQ of sbares cuo5tilutiug a cODtruUing iDterest in aaotber person. or pooUaa of equipmeat or iacollle ",mUDa: persUDS wbea Dot for fair market value uader au arm's leDGth agreemeal, _aU be a prima facie cue &bat uo~ penou 'oDtroll another penou. A penoD wbo lwowiDgly eDters iDto a joiDt veature witll . PUMa wbo Ia.. lH:~1l COG victed of a publi4: eutity crime ill Florida duriDg the precediDe 36 mooUls s.baU be couidered .. .ffil'..e. 5. I uDd.:ntaad that a "perIOD" as defiaed iu ParaKrapb 287.13J(1)(e), Florida Statu~ me.... Ill)' aatural perIOD or t:Dtity or&aaizt:d uader tbe law. oC uy ltate or or the Vuited Stata witb &he le&aJ power to eater iato . biocIiDc (untrut aad which bids or appliea to bid oa cootra.:1I for the provilioD or &0041 or servicea let by. public ea&i&y, or which c.thcrwi51: tr~ts or applies to trauact bU$iaeu wiUl a public CD&ity. Tile &era "per..." iqc'", daeIC o(fict:r5. directurs. extcutiva, parlDers, sharehulders, employees, member&, aa~ lI&eala wbe u"c active ia w"ual:t:w~DI uf au cotity. ". il...~d Oil i..uiOf"WilUOIl illU; .tid~ th~ ~t.u.:mt:llt wb.icb 1 have marked "\uw ~ tnle ill relatiou ~Q ~ ~til)' g tJW SWorD stat'"-. .<:ut. (Indicate wlticb statemeJIt applle$.) Neither the eotily submiUiug this sworD sta~emeDt, Dor auy of ita officers, directors, executives, partDers, shar huJders. employ~s, members, or agents wbo are active iD the management of the eutil)'. Dor auy attiJiate of the eality blU beeD ctlareed with aud cODvicted of a public eotity crime lub~que.Qt to July J. 1~89. - The eutity submiUiog thia $Won statemeDt, Dor auy of ~ta officers, directon, uectutives, partDers, wareholders, employee$, members, or agclU$ wbo are active iD the mau~emeDt of the eDtity. Dor III atIilUtte of the cutity bas been cbil'ged with aod cODvicted of a public eofity criDle sUb.sequeDt to July l,l989. . . - The eDtity $ubmiUio~ this sworu statemeDt, or oue or more of iq oflicen, directors, executivel, panuers, ~hilCebolden. emplo)'ees, members. or ~euts wbo are active in the mauagemeD~ of the entity. or aD affiliate of the eunly bas bet:D cbarged witb and cODvicted of a public conly crime $ubsequeD~ to Jub' 1,1989. However. there bas beeu a subsequent pr~eedi.og before a Hearing Officer of the State of Florida, DivisioD of Admiuiatrative Heariugs aud the Final Order entered by the Hearing Officer determiDed that it was Dot ia the public iatereatto place tbe eDtity submittiog lh.i$ lWorD $tate~eDt 00 the convicted veodor wt. (attacb a copy of Ule 1iaal order) I UNDERST ANDTHA TTHE SUBMISSION OF TWS FORM TO THE CONTRACTING OFFICER FORTHE PUBLIC ENTITY lDENTIFlEDON PARAGRAPH 1 (ONE)A.BOVE IS FOR THAT PUBLlC ENTITY ONLY AND. THATTlUS l<'ORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WmCH IT IS Fll-iD. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO J\. CONTRACf IN EXCESS OF THE THRESHOLD AMO UNT PROVIDED IN SECTION 287.017. FLORIDf\ ST A TUTt:S FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION C~IffAINF.~:RM. ~ ~~. [si~DatureJ -, Pm.oally Iwowo ~ OR Pruduccd ideutificatio . / SworD to aud subKribed before me litis (9 day Qf Notary Public. State of (TYlk of idcDtificaCioD) ~ .. funu PUR 7068 (Rev. 06111/92) SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE .. WILLIAM D. KONRA'IH warrants that he/it has not employed, retained or otherwise had act on his/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 No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, Date: ion, percentage, gift, or consideration paid to the STATE OF FLORIDA / COUNTY OF MONROE me to (or af;irmed) before (1 \! I ' D, k.a;lJ (date) by ~he is ~ersonally knowp.to me or has produced as identification. ~ name of affiant). (type of identification) I. - "..""':(.:t't!ik'" DENNIS M. BISHOP ~l!\' ~".\" MY COMMISSION' CC 3791184 r.: ,~*=- I',",L, '../<1# DiPIRfS: June 6. 1998 : :.';'-r,'}i,' 13~; ~"J Noia!y PubIc UndelWri\Brs ~.14~ -.-.' .~, - ., .o-d.,..",...-._ NOTARY PUBLIC MCP#4 REV. 2/92 . ...""'........,..,......-.-.-. . ..,.........,.....,..... '. A~~.III.. 'OERIII::IBA\ ...........,..""""."",."."....-......-.,......,..,. ...........,."."."""."."."."."...........,..,....".". ~eJI::II\ISt1JB~IJBE. CSR{:CP/:\\\\::\-' DATE (MMIDDIYY) ~WHl.> 08/11/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER NEXT Risk Management William P. Comiskey, Jr., CIC 1900 Glades Road, Suite 103 Boca Raton PL 33431-7333 W.P. Comiskey, Jr., CIC 746134 407-338-0488 INSURED COMPANY A DATE Lf COMPANY B Mid Keys Waste, Inc. ATTN: Ron Konrath P.O. Box 404 Marathon PL 33050 COMPANY C COMPANY D W~ 'VE~: 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, CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE lMM/DD/VY1 DATE IMMIDDIYYJ LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL L1ABIUTY GLA 1751821 CLAIMS MADE [iJ OCCUR OWNER'S 80 CONTRACTOR'S PROT 12/14/93 GENERAL AGGREGATE .2,000,000 12/14/94 PRODUCTS - COMP/OP AGG . H/A PERSONAL 80 ADV INJURY .1,000,000 EACH OCCURRENCE .1,000,000 FIRE DAMAGE (Anyone fire) . 50,000 MED EXP (Anyone person) 5,000 12/14/94 COMBINED SINGLE LIMIT .1,000,000 BODILY INJURY (Per per.on) BODILY INJURY (Per accident] 12/14/94 PROPERTY DAMAGE X A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS X Physical Damage BA 3765246 12/14/93 12/14/93 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT . OTHER THAN AUTO ONLY: EACH ACCIDENT . AGGREGATE . EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKBUI COMPENSATION AND BIIIPLOYBUI' LIABILITY EACH OCCURRENCE AGGREGATE . THE PROPRIETOR! PARTNERSIEXECUTIVE OFFICERS ARE: OTHER INCL EXCL H'.ec; i~led, '{;.81< (i Loss Control STATUTORY LIMITS EACH ACCIDENT DISEASE. POLICY LIMIT DISEASE - EACH EMPlOYEE . DATI: .._____._.. ., ..E..-)~ ='l___ E\fjl'IAL.._.__...... ..__':1Y5 OK... DESCRIPTION OF OPERATIONS/lOCATIONSNEHlCLES/SPECIAL ITBIIIS EIA/AIGRM (102007) The Certificate Holder is named Additional Insured, per General Liability & Auto policy forms, as their interest may appear. MONRO 02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISS~NG COMPANY WILL ENDEAVOR TO MAIL .1L DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT. Monroe County Board of County Commissioners Risk Management 5100 College Road/Stock Island Key West, PL 33040 ..~.~..~~~~ij6r.. .PQAA'tIti,....1993..... A~()Ftl)~o$(~~3r.... ..,........'...'..,',..............'.'.','.'..,......._..'-.-.-....,....-.. '.l~~'t.III.. .... dEB....It=:lm.l.~ .-----.---_...,."",,--... PRODUCER NEXT Risk Management William F. Comiskey, Jr., CIC 1900 Glades Road, Suite 103 Boca Raton FL 33431-7333 W.F. Comiskey, Jr., CIC 746134 407-338-0488 INSURED .""'..'.....--.--.--.-..-..""""'.,..,...------.............. ........-'...---..-..-...-.......".....,.-......,..".".".".,..-.------. .....-....-,........................-.......-,..,..".". ~1I1!1"'~l.Il=I~N~E . ".i~l D~;;~~;~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Employers Self Insurers Fund COMPANY B Mid Keys Waste, Inc. ATTN: Ron Konrath P.O. Box 404 Marathon FL 33050 COMPANY C THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 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. CO LTR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION DATE IMMIDDIYYI DATE lMM/DDlYY1 UMITS GENERAL UABlUTY COMMERCIAL GENERAL L1ABIUTY CLAIMS MADE D OCCUR OWNER'S &. CONTRACTOR'S PROT GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL &. ADV INJURY . EACH OCCURRENCE . FIRE DAMAGE (Anyone fire] . MED EXP (Anyone per8On) . AUTOMOBILE L1AB1UTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per peroon) . BODILY INJURY (Per accident) THE PROPRIETOR! PARTNERSIEXECUTIVE OFFICERS ARE: OTHER 04/01/94 PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT . AGGREGATE . EACH OCCURRENCE AGGREGATE . X STATUTORY LIMITS EACH ACCIDENT 04/01/95 DISEASE - POLICY LIMIT DISEASE. EACH EMPLOYEE GARAGE UABlUTY ANY AUTO EXCESS UABlLlTY UMBRELLA FORM OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS' UABlUTY INCL EXCL 0830 00396 94 100,000 500,000 100,000 T<.is , Conlf~.d DESCRIPTION OF OPERATlONSILOCATlONSNEIICLES/SPECIAL ITEMS ;.JA TE __ .. ._..m-::'L.'..~!!~.___ . ~-._._...__.._...- ()..c.... F\JI'('fA.L MONRO 02 SHOULD ANY OF THE ABOVE DESCRIBED POUCIElt BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTlRCATE HOLDER NAMED TO THE LEFT. Monroe County Board of County Commissioners Risk Management 5100 College Road/StOCk Island Key West, FL 33040