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4th Amendment 07/20/2022 GV�S COURTq c o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 1, 2022 TO: Cheryl Sullivan, Director Solid Waste Department FROM: Liz Yongue, Deputy Clerk SUBJECT: July 20th BOCC Meeting Enclosed is a copy of the following item for your handling: C16 4th Amendment to the Amended and Restated Haul-Out, Transfer Stations Operations and Maintenance Agreement with Waste Management, Inc. of Florida for an extraordinary rate adjustment. Effective August 1, 2022, the County shall pay the Operator an operation and disposal fee of$103.37 per ton for Commercial; and$96.08 per ton for residential haul-out. The remaining terms of the agreement, as amended,remain in full force and effect. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotulty Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 Amendment 4 to the Amended and Restated Haul-out,Transfer Stations Operations and Maintenance Agreement This Amendment 4 to the Amended and Restated Haul-Out, Transfer Stations, Operations and Maintenance Agreement dated May 21,2014 is entered into this 20'h day of July,2022 between Waste Management Inc.of Florida("WM")and Monroe County Board of County Commissioners ("County"or"BOCC"). WHEREAS, the County entered into the Amended and Restated Haul-Out, Transfer Stations, Operations and Maintenance Agreement (Agreement) on May 21, 2014, as amended March 18,2015,May 20, 2015 and April 20,2022; and WHEREAS, on June 15, 2022, the BOCC considered WM's request for an extraordinary rate adjustment and directed staff to move forward with the requested rate adjustment; NOW THEREFORE, in consideration of the promises and the mutual obligations undertaken herein,the parties hereby agree as follows: 1. The operation and disposal fee for commercial solid waste as set forth in Section 3.01-Operation and Disposal Fee shall be amended to reflect that the County, effective August 1,2022,shall pay the Operator an operation and disposal fee of $103.37 per ton. 2. The operation and disposal fee for residential solid waste as set forth in Section 3.01- Operation and Disposal Fee shall be amended to reflect that the County,effective August 1,2022,shall pay the Operator an operation and disposal fee of$96.08 per ton. 3. The remaining terms of the Agreement, as amended,remain in full force and effect. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representative on the day amp , ar first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest:KEVIN MADOK, Clr;, �is 23 F MONROE COUNTY, FLORIDA 9 �Y yi s Depu Clerld — ayo yoe .Jo`F,C Attest: - .�t WASTE MANAGEMENT INC.OF FLORIDA By: By: • in 1 Y1 -.James ambr , ' e President David M. Myhan, Pre ' nt c 1 r r) MONROE COUNTY ATTORNEY NA OVED AS TO Rj,1 Tin 40 CHRISTINE LIMBERT-BARROWS ' ASSISTANT COUNTY ATTORNEY DATE: 7/20/22 DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 07/01/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aon Risk Services Southwest, Inc. PHONE (866) 283-7122 FAX 800-363-0105 Dallas TX Office (A/C.No.Ext): A/C.No.): 5005 Lyndon B Johnson Freeway E-MAIL p Suite 1500 ADDRESS: _ Dallas TX 75244 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Ironshore specialty Insurance Company 25445 Waste Management, Inc. INSURER B: 800 Capitol street Suite 3000 INSURER C: Houston TX 77002 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570094352370 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE ❑OCCUR PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY co GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑JRO- E ❑LOC PRODUCTS-COMP/OP AGG 0 OTHER: ^o AUTOMOBILE LIABILITY COMBINEDt SINGLE LIMIT Ea acciden , ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident A UMBRELLALIAB OCCUR IEELPLLCAs2F002 07/01/2022 07/01/2023 EACH OCCURRENCE $24,000,000 V X EXCESS LIAB X CLAIMS-MADE AGGREGATE $24,000,000 DED RETENTION WORKERS COMPENSATION AND PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT -_ A Env Site Liab ISPILLSCAs2J002 07/01/2022 07/01/2023 Each Incident Limit $1,000,000— Claims-Made Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Named Insured site Location: Monroe County Transfer station, 143 Toppino Industrial Drive Key West FL 33040. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the Pollution Legal Liability policy. N CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 305-2924432 USA y `rx ��'J� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD