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Item C11
C.11 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting January 18, 2023 Agenda Item Number: C.11 Agenda Item Summary #11552 BULK ITEM: Yes DEPARTMENT: Solid Waste TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536 N/A AGENDA ITEM WORDING: Approval of Amendment 1 to Disposal Agreement between Monroe County and Advanced Disposal to update the disposal rates and contact information relating to notice and payment provision. ITEM BACKGROUND: On March 15, 2017, the Board of County Commissioners entered into an agreement with Advanced Disposal to deliver the solid waste collected from residents and businesses of Islamorada to the County's transfer stations. The Agreement now needs to be updated with revised disposal rates to account for rate increases and to also update contact information relating to notice and payment provisions. PREVIOUS RELEVANT BOCC ACTION: The Board approved the Original Agreement on 3/15/17 CONTRACT/AGREEMENT CHANGES: Update Business Name and Contact Information STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment to Disposal Agreement with Advanced Disposal Current Insurance COI Dec. 2022 MONROE COUNTY BOCC2022 Agreement with Advanced Disposal Fully Executed 03_15_2017 AD merger with WM FINANCIAL IMPACT: Effective Date: N/A Packet Pg. 371 C.11 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: Yes (provided after BOCC approval) Additional Details: N/A REVIEWED BY: Cheryl Sullivan Completed 12/13/2022 5:52 PM Christine Limbert Completed 12/14/2022 2:13 PM Kevin Wilson Completed 12/15/2022 11:56 AM Purchasing Completed 12/15/2022 12:10 PM Budget and Finance Completed 01/03/2023 9:23 AM Maria Slavik Completed 01/03/2023 12:17 PM Lindsey Ballard Completed 01/03/2023 12:58 PM Board of County Commissioners Pending 01/18/2023 9:00 AM Packet Pg. 372 C.11.a 0 0 0 AMENDMENT 1 TO DISPOSAL AGREEMENT BETWEEN MONROE COUNTY AND 0. ADVANCED DISPOSAL SERVICES THIS AGREEMENT, entered into this day of 2023, by and between the Board of County Commissioners of Monroe County, Florida(hereafter"County"or"Board"), > 1100 Simonton Street,#2-231, Key West, Florida 33037 and Advanced Disposal Services Solid Waste Southeast, Inc., a subsidiary of Waste Management, Inc. (WM) whose address is 86490 Overseas Highway, Islamorada, Florida 33036 (hereafter"Contractor"). WITNESSETH: T- WHEREAS, the Contractor and the County entered into an Disposal Agreement on March 15, E 2017 (Agreement) in order to allow for delivery of solid waste collected from residents and businesses of Islamorada to the County's transfer stations;and WHEREAS, the Agreement sets forth disposal rates that need to be updated to account for an "extra ordinary rate" increase and to otherwise update the rates set forth in the Agreement; and U WHEREAS, the County will continue to collect the disposal fees from the Contractor and any revenue will be applied to the County's solid waste program; and U) CL WHEREAS, the Contractor collects Islamorada's municipal solid waste, yard waste and recyclables and Contractor desires to continue to transport waste to the County's Long Key and Key Largo transfers stations(hereinafter referred to as"Sites") for disposal;and WHEREAS, the Contractor is a subsidiary of WM, effective October 30, 2020, and this amendment will update the contact provisions relating to notice and payment provisions as set forth herein; NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: 1. Paragraph 1. DEFINITIONS: i.Hauler shall be revised to read as follows: CL j. Hauler means Waste Management, Inc. of Florida (also referred to as "WM") 0 and Brownie Companies, LLC (the County's Yard Waste Hauler) or any other contractor that contracts with the County for the removal and disposal of solid E waste, yard waste or recyclables from the County's Sites. E E c� Page 1 Packet Pg. 373 C.11.a 0 0 0 2. Para rg anh 3.DISPOSAL shall be revised to read as follows: 3. DISPOSAL U) 0. A. Disposal: The County shall, subject to the terms and conditions set forth herein, accept and dispose of all Waste Materials and Yard Waste materials delivered by or for the Contractor to Monroe County transfer stations located on Long Key and Key Largo. The Contractor estimates the annual amount of materials as follows and shall bring only these allowed materials to the County's transfer station: I) Solid Waste - 12,000 tons/year, includes commercial and residential MSW 2) Yard Waste - 1,000 tons/year. 3) Recyclables- 1,000 tons/year B. Transfer Station/Sites Operating Hours / Delivery Times: Monroe County transfer stations E operating hours are as following: ■ Long Key Transfer Station: 8:00 a.m. to 4:00 p.m. Monday thru Saturday ■ Key Largo Transfer Station 8:00 a.m.to 4:00 p.m. Monday thru Saturday 0 Holidays: The Monroe County Transfer Stations will be closed on Thanksgiving Day, Christmas U Day and New Year's Day or as directed by the County. 0 The Contractor shall make delivery to the Sites within the standard operating hours. This Agreement shall not be deemed as an exclusive contract, and nothing contained herein shall require Contractor to delivery of any minimum quantity of Solid Waste, Yard Waste or Recyclables to the County Sites. 3. Paragraph 4. PAYMENT AND METHOD OF PAYMENT shall be revised to read as follows: A. Payment: The Contractor shall pay to the County upon submission of an invoice from the County the Disposal Fees in accordance with the following fee schedule: ■ Solid Waste: $88.91/ton + annual CPI adjustments is effective through 9/30/22. Effective 10/1/22, the rate will be $100.53/ton (this includes the annual CPI 0 adjustments). The rate of $100.53 + annual CPI adjustments and any other C applicable rate increase will apply for the remaining term of this agreement. 0 ■ Yard Waste: $85.50/ton + annual CPI adjustments is effective through 9/30/22. Effective 10/l/22, the rate will be $90.11/ton (this includes the annual CPI E adjustment). The rate of $90.11/ton + annual CPI adjustments and any other applicable rate increase will apply for the remaining term of this agreement. E E c� Page 2 Packet Pg. 374 C.11.a 0 0 0 ■ Recyclables: $84.83/ton + annual CPI adjustments is effective through 9/30/22. Effective 10/1/22, the rate will be $86.95/ton (this includes the annual CPI adjustment). The rate of $86.95/ton + annual CPI adjustments and any other applicable rate increase will apply for the remaining term of this agreement. 0 CL For all Disposal services, the charges shall be initially based on the rates established above. The rates will be adjusted by the County as specified herein and invoiced accordingly. Effective October 1 of each year the Solid Waste, Yard Waste and Recycling disposal rates shall be adjusted in accordance with the CPI, "extra ordinary rate increase or any other applicable rate increase as applied in the County's respective haul out, recycling and yard waste disposal contracts. Disposal fees for construction and clean debris will follow normal tipping fees at the scales. B. Method of Payment: The Contractor will make payment to the County on a monthly basis, upon submission of the County's standard invoice, setting forth, among other items, the agreement number, the type of waste, the tons or cubic yards, and the amount due. Payments shall be made within Twenty (20) days of receipt and if the Twentieth (20th) day falls on a weekend or Holiday the payment must be received on the last business day prior to the Twentieth (20th) day and shall be submitted to Monroe County Solid Waste Management, at: 1100 Simonton St. Rm. 2-231, Key West, Fl. 33040 within 30 days of invoicing. The County shall invoice the Contractor monthly or as needed, and shall submit the invoices via email to: t0 Advanced Disposal Services LnJgMMgAAM&QMCL goriwm.co gsull'van" m.co rminvoic�� � ineca turecenter.crn U 4. Paragraph 13.NON-DISCRIMINATION shall be amended to read as follows: NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to 0 comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to C nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of o 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6I01-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the c� Page 3 Packet Pg. 375 C.11.a 0 0 e 0 basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to e nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to 0 confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 0 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), c� as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity e or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. 5. Paraeraph 27.NOTICE REOUIREMENT shall be amended to read as follows: a .,, E NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested,to the following: 0 U FOR COUNTY: 76 Monroe County Administrator CL 1100 Simonton Street, Suite 205 Key West, FL 33040 c� Monroe County Solid Waste Director 1100 Simonton Street, Suite 231 Key West, FL 33040 and County Attorney 11 It 121h St., Suite 408 0 Key West, FL 33040 0 FOR CONTRACTOR: Greg Sullivan o Advanced Disposal 86490 Overseas Highway E Islamorada, FL 33036 E e E c� Page 4 Packet Pg. 376 C.11.a as 0 0 6. Paragraph 30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS shall be amended to read as follows: ADJUDICATION OF DISPUTES OR DISAGREEMENTS: CL 2 The parties agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session, then either party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in electronic form which shall be deemed an original contract. as (SEAL) Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA as E By: By: Deputy Clerk Mayor/Chairman 0 (SEAL) ADVANCED DISPOSAL SERVICES SOLID WASTE SOUTHEAST, INC. 0. Attest: ° 2 WITNESS Title: Coleen Houlihan, Admin. Asst. Title: David M. Myhan, 4-dent By: JIVIA WITNESS E E Title: dA 'iiii t as CL ens u 0 (D E (D MONROE COUNTY ATTORNEY E PRR?V4ED AS TO FORy1: CHRISTINE LIMBF.Wr-BARROWS ASSISTANT COUNTY ATTORNF'.'Y DATE 12/14/22 E �s Page 5 Packet Pg. 377 ® DATE(I C.11.0 ACORD CERTIFICATE OF LIABILITY INSURANCE 1/1/2023 12/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE1 BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. O 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES CONTACT NAME: LOCKTON COMPANIES PHONE FAX 0 3657 BRIARPARK DRIVE,SUITE 700 E-MAILo Ext: A/C No: UCL ) HOUSTON TX 77042 ADDRESS: � INSURER(S)AFFORDING COVERAGE NAIC# ,G INSURER A:ACE American Insurance Company 2266 INSURED 'WASTE MANAGEMENT HOLDINGS,INC.&ALL AFFILIATE INSURER B:Indemnity Insurance Co of North America 4357 1300299 RELATED&SUBSIDIARY COMPANIES INCLUDING: INSURER C:ACE Fire Underwriters Insurance Company 2070 > WASTE MANAGEMENT OF THE FLORIDA KEYS INSURER D:ACE Property&Casualty Insurance Co 2069 143 TOPPING INDUSTRIAL DRIVE INSURER E: qb ROCKLAND KEY FL 33040 (D INSURER F: COVERAGES CERTIFICATE NUMBER: 17636802 REVISION NUMBER: XXXXXXX (D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y HDO G72492365 1/1/2022 1/1/2023 EACH OCCURRENCE $ 5,000,000 qb DAMAGE TO CLAIMS-MADE OCCUR PREMISES SES(E.occur ence $ 5 000 000 X XCU INCLUDED MED EXP(Any one person) $ XXXXXXX X ISO FORM CG00010413 PERSONAL&ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000000 RO- POLICY jE � LOC PRODUCTS-COMP/OP AGG $ 6,000,000 OTHER: $ 04 A AUTOMOBILE LIABILITY Y y MMT H25550328 1/1/2022 1/1/2023 COMBINED SINGLE LIMIT $ CD Ea 04 accident 1 000 000 04 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX X, OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident X MCS-90 $ XXXXXXX D X UMBRELLA LIAB X OCCUR Y Y XEUG27929242 007 1/1/2022 1/1/2023 EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000 0 DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B LU AND EMPLOYERS'LIABILITY Y WLR C68918595(AOS) 1/1/2022 1/1/2023 X STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLR C68918558(AZ,CA&MA) 1/1/2022 1/1/2023 E.L.EACH ACCIDENT $ 3,000,000 C OFFICER/MEMBER EXCLUDED? � N/A SCF C68918637(WI) 1/1/2022 1/1/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 3,000,000 0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 3,000,000 A EXCESS AUTO Y Y XSA H25550286 1/1/2022 1/1/2023 COMBINED SINGLE LIMIT 04 LIABILITY $9,000,000 CD (EACH ACCIDENT) J qb DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY 70 WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED ON ALL POLICIES(EXCEPT FOR L) WORKERS'COMP/EL)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT. (b �1 U) CERTIFICATE HOLDER CANCELLATION as 17636802 MONROE COUNTY BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI 11 OO SIMONTON STREET THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040 (D E AUTHORIZED REPRESENTATIVE Nb ©1988-2015 ACORD CORPORATIOIT All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 378 C.11.c 0 0 DISPOSAL AGREEMENT BETWEEN MONROE COUNTY 0 AND 0 ADVANCED DISPOSAL SERVICES THIS AGREEMENT, entered into this 150- day of V � , 2017, by and between the Board of County Commissioners of Monroe County, Florida(hereafter"County" or "Board"), 1100 Simonton Street, #2-231, Key West, Florida 33037 and Advanced Disposal Services Solid Waste Southeast, Inc., whose address is 86490 Overseas Highway, Islamorada, Florida 33036 (hereafter"Contractor"). ar WITNESSETH: WHEREAS, the Contractor has requested the ability to deliver the solid waste collected from residents and businesses of Islamorada to the County's transfer stations; and WHEREAS, the County is interested in accepting the waste materials as they will be more fully recycled than is currently occurring and thus increase the overall rate of recycling in the County; and U WHEREAS, the County negotiated a reduced disposal fee with its haul-out provider and yard waste provider that allows for the County to process the Contractor's waste at the disposal rate as CNI LO set forth below; and i WHEREAS, the County will collect disposal fees from the Contractor to be applied to the County's solid waste program; and x WHEREAS, the Contractor collects Islamorada's municipal solid and yard waste and desires to transport it to the County's Long Key and Key Largo transfers stations (hereinafter referred to as "Sites")to be weighed and dropped off, and C U 0 WHEREAS, the Contractor agrees to pay the County for its waste disposal services; 0 NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the 0 parties agree as follows: 1. DEFINITIONS: a. Bulk (or Bulky) Trash or Waste shall mean any non-vegetative item that cannot be containerized or bundled; including, but not limited to, inoperative and E discarded refrigerators, ranges, toilets, clothes dryers, bath tubs, water heaters, sinks, bicycles and other similar domestic appliances; household goods, furniture and carpeting. . "Home Improvements", which include, but are not limited to, cabinets, drywall, lumber, paneling and other such construction-related materials, are not considered bulk trash. E c� Page 1 Packet Pg. 379 C.11.c 0 0 b. "Bulky waste" does not include large items such as car bodies, camper shells, mobile homes, trailers, Jacuzzi tubs or spas, or any other items that cannot be safely lifted and collected by one person. In addition, bulky wastes do not include CL any hazardous or special waste as well as any other item or items that in the future U may be land banned by regulation. c� c. County means Monroe County, Florida. d. Contractor means Advanced Disposal Services Solid Waste Southeast, Inc. e. Commercial Solid Waste shall mean Garbage, Vegetative Waste and Rubbish that is not Residential Solid Waste. f. Disposal means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any waste material into or on any land, except if the disposition or placement constitutes temporary storage or treatment. g. Disposal Rates means the unit prices for the disposal of waste materials which the Contractor shall pay to the County pursuant to the terms and conditions of this Contract. U h. Garbage, solid waste and municipal solid waste shall mean all putrescible N waste, generally including, but not limited to, kitchen and table food waste, L,i animal, vegetative, food or any organic waste that is attendant with or results from i the storage, preparation, cooking or handling of food materials, whether attributable to residential or commercial activities. c� i. Hazardous Waste means solid waste as defined by the State of Florida Department of Environmental Protection as a hazardous waste in the State of Florida Administrative Code, Chapter 62-730, or by any future legislative actions, or by Federal, state or local law. U 0 j. Hauler means Waste Management, Inc. of Florida (also referred to as "WM") or CL Energy3 LLC or any other contractor that contracts with the County for the removal and disposal of solid waste, yard waste or recyclables from the County's Sites. CU k. Permitted Disposal Facility shall mean the place or places specifically designated by the County for the disposal of solid waste, and that are properly permitted by the appropriate state and local agencies. 1. Recyclable Materials shall mean newspapers (including inserts); aluminum, #1 - #7 plastic containers; clear, green and brown glass bottles and jars; corrugated cardboard; paper bags; office paper; tin and ferrous cans; automobile tires; or other materials added upon mutual agreement. c� Page 2 $° Packet Pg. 380 C.11.c 0 0 in. Sites means the COUNTY's transfer stations locations on Long Key and Key Largo 0 n. Solid Waste shall be defined in Chapter 62-701, Florida Administrative code, as U well as applicable Florida EPA regulations. c� o. Special Waste means the nonhazardous waste requiring handling other than that normally used for municipal solid waste, such as contaminated solids, sludges, municipal wastewater treatment waste, empty containers, or other material. p. Ton means the actual, measured weight of Solid Waste, Special Wastes and Yard Waste delivered to the County's sites by or for the Contractor. Such wastes shall be weighed at the scales located at the sites. In the event such scales are temporarily inoperable, a substitute weighing facility acceptable to both parties may be used or a temporary method acceptable to both parties of estimating the weight of such wastes may be used, based on converting the rated volume capacity of the incoming vehicles to tons. For calculation proposed, the estimated , weight shall be based upon the maximum average load customarily carried by each vehicle less the actual unloaded weight of the vehicles based upon previous weights of that vehicle on the scales of the sites. In the event that the Contractor U has no previous history, the estimated weight shall be based upon the maximum I- average load customarily carried by vehicles of the same type as such vehicles Q less the actual unloaded weight of vehicles of the same type. One Ton is 2,000 L,i T lbs. q. Yard Waste or vegetative waste shall means any vegetative matter generated from the yard and landscaping maintenance and shall include materials such as tree and shrub trimmings, grass clippings, palm fronds, small tree branches X and other matter usually produced as refuse in the care of lawns, landscaping 21 and yards. Regular Vegetative Waste shall not be commingled with Garbage, 75 Rubbish, or Bulk Trash. 0 r. Vegetative Waste — Oversize shall mean large cuttings of vegetative matter that CL are part of the normal yard maintenance of a Dwelling Unit, and that cannot be cut for placement in a container or bundled due to the material exceeding the weight and size restrictions for regular vegetative waste. Oversize vegetative waste shall be of a type as to be readily handled by mechanical collection equipment of the Contractor and shall not exceed six feet (6') in length. Oversize Vegetative Waste shall not be commingled with Garbage, Rubbish or Bulk Trash. Oversize Vegetative Waste does not include any form of matter or debris resulting from commercial tree removal, land clearing or land development. s. Waste Materials shall mean Solid Waste, Special Wastes, Construction and Demolition Debris and Scrap Tires c� Page 3 Packet Pg. 381 C.11.c 0 0 2. TERM OF AGREEMENT & RENEWAL A. This Agreement is effective upon the date as first written above. The term of the Contract shall begin on May 1, 2017 and shall end on September 30, 2024 c� B. Renewal: Upon mutual written agreement of the parties, this Agreement may be renewed after the original term, for one additional five (5) year period by written agreement under the same or amended terms and conditions as set forth herein, but subject to the Disposal Fees being adjusted in accordance with Consumer Price Index (CPI)) or for other reasons as determined by the parties. 3. DISPOSAL A. Disposal: The County shall, subject to the terms and conditions set forth herein, accept and dispose of all Waste Materials and Yard Waste materials delivered by or for the Contractor to , Monroe County transfer stations located on Long Key and Key Largo. The Contractor estimates the annual amount of materials as follows and shall bring only these allowed materials to the County's transfer station: U 1) Solid Waste- 10,000 tons/ year, includes commercial and residential MSW 2)Yard Waste - 100 tons/year. LO 3)Recyclables - Option reserved for future use i B. Transfer Station/Sites Operating Hours / Delivery Times: Monroe County transfer stations operating hours are as following: X ■ Long Key Transfer Station: 8:00 a.m. to 4:00 p.m. Monday thru Saturday 21 ■ Key Largo Transfer Station 8:00 a.m. to 4:00 p.m. Monday thru Saturday 75 Holidays: The Monroe County Transfer Stations will be closed on Thanksgiving Day, Christmas 0 C Day and New Year's Day. The Contractor shall make delivery to the Sites within the standard operating hours. This Agreement shall not be deemed as an exclusive contract and nothing contained herein shall require Contractor to delivery of any minimum quantity of Solid Waste, Yard Waste or Recyclables to the County Sites. 4. PAYMENT AND METHOD OF PAYMENT E A. Payment: The Contractor shall pay to the County the Disposal Fees in accordance with the following fee schedule: E c� Page 4 Packet Pg. 382 C.11.c 0 0 ■ Solid Waste: $88.91/ton +CPI adjustments as awarded to WM in the haul out & disposal contract with the County. ■ Yard Waste: $85.50/ton +CPI for a maximum of 30 months. If the County's yard CL waste processing fees are lowered, the Contractor shall be offered the same rate plus $4.50/ton. c� For all Disposal services, the charges shall be initially based on the rates established above. The County shall receive adjustments in the fees as specified herein. In October each year the adjustment for Solid Waste and Yard Waste shall be made in accordance with the percentage change in the CPI as applied in the County's respective haul out and disposal contracts. B. Method of Payment: The Contractor will make payment to the County on a monthly basis, upon submission of the County's standard invoice, setting forth, among other items, the agreement number, the type of waste, the tons or cubic yards, and the amount due. Payments shall be made within Twenty (20) days of receipt and if the Twentieth (20th) day falls on a weekend or Holiday the payment must be must be received on the last business day prior to the Twentieth (20th) day, and shall be submitted to Monroe County Solid Waste Management, at: , 1100 Simonton St. Rm. 2-231, Key West, Fl. 33040 within 30 days of invoicing. The County shall invoice the Contractor monthly or as needed, and shall submit the invoices to: U Advanced Disposal Services 17101 Pine Ridge Road N Ft. Myers Beach, FL 33931 LO T- i C. Annual Appropriations: The County's performance and obligation under this contract is contingent upon an annual appropriation by the Board for operation of its solid waste program. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued services specified herein, this agreement may be terminated immediately at the option of the X Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to provide for any acceptance of solid waste and yard waste materials provided by the Contractor after the Contractor has received written notice of termination, unless otherwise U required by law. CL 0 D. Right to Other Work: Nothing in this Contract herein shall prevent the Contractor from bidding on or participating in other County projects and programs. c� 5. SCOPE OF SERVICES: A. STAFFING OPERATION and EQUIPMENT: The Contractor shall provide all staffing, equipment and supplies necessary to deliver Solid Waste, Yard Waste or Recyclables to the County's Sites. B. PERMITS AND LICENSES: The Contractor shall obtain and maintain, at his own expense, all permits and licenses required by law. The Contractor shall provide copies of c� Page 5 Packet Pg. 383 C.11.c 0 0 all required permits and licenses to the County. The Contractor shall cooperate with the County and Florida Department of Environmental Protection (DEP) and follow all local and state laws, regulations and procedures, and conditions of licenses or permits. 0 C. EQUIPMENT: The County and the Contractor shall both have on hand at all times and in C good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties specified in this Contract. All equipment shall be kept in good repair, appearance and in a sanitary, clean condition at all times D. OPERATIONS: If the County is unable to accept Solid Waste at the Sites, then the County shall notify the Contractor immediately. E. REPORTS: All documents and reports submitted to DEP will be provided to Monroe County's Solid Waste Office, located at 1100 Simonton Street, #2-231, Key West, Florida 33040. The County shall provide to the driver of each vehicle delivering Waste Materials to the County by the Contractor a receipt for each load indicating the type of Waste Materials , received and the quantities expressed in the corresponding unit of measurement. The Contractor shall permit the County or any of its representatives access to the contents of U the Contractor's trucks for purposes of determining compliance with the terms and conditions of this Contract. CN LO 6. TRANSFER STATION OPERATIONS: i A. Requirements. The County or its' Hauler will operate and maintain the Transfer Station sites as a licensed sanitary transfer station and will provide all labor, equipment, fire protection equipment, and other facilities required to operate the Transfer Stations. 2 B. Access: The County will provide suitable and unobstructed ingress and egress to the 75 transfer station sites. 0 C. The County and the Hauler shall comply with all applicable laws, rules and regulations U 6 which apply to each party's respective performance under this Agreement. The County represents and warrants that Sites have and will maintain in force all permits, certificates, or other applicable documents which are, or may from time to time be required by applicable law to provide disposal services in compliance with this Agreement. The County shall not unreasonably delay the flow and operation of the Contractor's vehicles and employees while delivering and disposing of the specified materials. 7. NON RELIANCE BY NON PARTIES: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or c� Page 6 Packet Pg. 384 C.11.c 0 0 benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes C contemplated in the Agreement. c� 8. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate his collection business. It is the Contractor's responsibility to maintain all permits and licenses that may be required. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. c� 9. INDEPENDENT CONTRACTOR: U At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors and not an employee of the Board of County Commissioners for Monroe County. As such, the Contractor, its agents and employees shall not be entitled to any of LO i the benefits, rights or privileges of County employees and nothing in this agreement shall be T- construed so as to find the Contractor, its agents and employees to be employees of the County. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility in the performance of their services and duties as set forth herein. X 10. HOLD HARMLESS/INSURANCE REQUIREMENTS: 5 The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners, and its employees from any and all claims, demand, costs or judgments 0 against the County or its employees, which said for bodily injury (including death), personal � injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. Prior to commencement of work governed by this contract, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated on the ; forms identified as VEHICLE LIABILITY INSURANCE REQUIREMENTS; GENERAL E c� Page 7 Packet Pg. 385 C.11.c 0 0 LIABILITY INSURANCE REQUIREMENTS; WORKERS' COMPENSATION INSURANCE REQUIREMENTS as shown in attached Exhibit "A," and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. Coverage shall be maintained throughout the life of the contract. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies, except for Workers Compensation. c� 11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 786.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance .0 coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 12. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and U no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. LO i 13. NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 0 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on U the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, c� and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating E to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; E c� Page 8 ' Packet Pg. 386 C.11.c 0 0 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 0 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended C from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 14. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, volunteers, or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0 U 15. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: T Contractor shall keep and maintain all books, records, and documents directly pertinent to LO i performance under this Agreement in accordance with generally accepted accounting principles T-I consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement X 21 The Contractor shall also allow the County to inspect the Contractor's vehicles or equipment at 75 any reasonable time. U) 0 C 16. PUBLIC RECORDS: c� To the extent that it is applicable, Contractor shall comply with F.S. 119.0701, Contractor mustCU comply with Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public record"materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material c� Page 9 Packet Pg. 387 C.11.c 0 0 breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or 0 expiration of the contract. CL The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in t0 possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are LO i exempt or confidential and exempt from public records disclosure requirements. If the i Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to CL the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. c� Page 10 Packet Pg. 388 C.11.c 0 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING 0 TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIANAMONROECOUNTY-FL GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 17. ATTESTATIONS: Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics statement, and a Drug-Free Workplace Statement c� 18. BREACH OF TERMS BY CONTRACTOR: U The passing, approval, and/or acceptance by the County of any defect in the performance, failure V.- to meet a condition, or provision of this Agreement by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract. County may LO i immediately terminate the Agreement due to any violations by Contractor of statutes, rules or i regulation related to this Agreement. 19. TERMINATION WITHOUT CAUSE: c� X The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least six months prior to the date of termination. 20. TERMINATION WITH CAUSE: CL The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the CountyCU within thirty (30) days after the County provides the Contractor with written notice of said default: a. Failure to obtain and maintain the proper permit(s) and license(s). b. Breach of any other term, condition or requirement of this agreement. c. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions of or covenants in this Agreement or any of the rules and regulations promulgated by the County 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 Contractor to do so, or if by reason of the nature of such default, the E c� Page 11 Packet Pg. 389 C.11.c 0 0 same cannot be remedied within thirty (30) days following receipt by Contractor of written demand from Contractor to do so, Contractor 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 0 CL thereof (with Contractor 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. 21. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. s 22. COMPLIANCE WITH LAW: U In providing all services/goods pursuant to this agreement, the Contractor shall abide by all I- statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such Q services, including those now in effect and hereinafter adopted. Any violation of said statutes, LO i ordinances, rules and regulations shall constitute a material breach of this agreement and shall i entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. X 23. SEVERABILITY: 21 75 If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of 0 competent jurisdiction, the remaining terms, covenants, conditions and provisions of this U Agreement shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions andCU provisions of this Agreement would prevent the accomplishment of the original intent of a this Agreement. The County and Contractor 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. 24. DISCLOSURE AND CONFLICT OF INTEREST: The Contractor represents that it, its directors, principles and employees, presently have no ; interest and shall acquire no interest, either direct or indirect, which would conflict in any c� Page 12 Packet Pg. 390 C.11.c 0 0 manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq.,Florida Statutes. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. 25. FINANCIAL RESPONSIBILITY: c� The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 26. 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. 27. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or U mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: cN i L FOR COUNTY: i Monroe County Administrator 1100 Simonton Street, Suite 205 Key West, FL 33040 X Monroe County Solid Waste Director 1100 Simonton Street, Suite 231 Key West, FL 33040 U 0 and County Attorney 111 l 121h St., Suite 408 Key West, FL 33040 FOR CONTRACTOR: Juan Romero Advanced Disposal 86490 Overseas Highway Islamorada, FL 33036 E c� Page 13 Packet Pg. 391 C.11.c 0 0 28. TAXES: The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for 0 materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use A the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 29. GOVERNING LAWS: This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: E The parties agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are o still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Q i LO 31. PUBLIC ENTITY CRIME STATEMENT: i A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excessCU of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 0 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: C $25,000.00). a� c� 32. AUTHORIZED SIGNATORY: The signatory for the Contractor,below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. E (b) He or she is empowered to act and contract for Contractor. 33. ENTIRE AGREEMENT: E c� Page 14 Packet Pg. 392 C.11.c 0 0 This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. U 0 CL 34. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. WITNESS WHEREOF the parties hereto have executed this Agreement on the day and to tten above in four(4) counterparts, each of which shall, without proof or accounting ounterparts,be deemed an original contract. T s" MADOK, CLERK BOARD OF COUNTY COMMISSIONERS 4r OF MONROE COUNTY, FLORIDA 9yM .M By: 'a-wu.�c, By: \UAv_I\ � eputy Clerk Mayor/Chairman L) T- (SEAL) ADVANCED DISPOSAL SERVICES 1 LO SOLID WASTE S THEAST, INC. i Attest: By: By: WI SS �,� X Title: [ro Title: �� 0 U) By: c WESS I J Title: TNU 0, c� C MONROE COUNTY ATTORNEY - APPRO ED AS TO FORM: `- _ —CWhiSTTNE M. LIMSERT-BARROWS ASSIST�4�1T$0 i ATTORNEY t c �f G Date ?- .J c_ _. ___j Page 15 Packet Pg. 393 C.11.c 0 0 EXHIBIT "A" INSURANCE REQUIREMENTS. 0 CL E c� 0 u cN i LO i cn c� x 7 LL U) 0 CL c� a� E E u Page 16 Packet Pg. 394 C.11.c EXHIBIT A 0 2015 Edition 0 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT � BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor shall obtain Workers'Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Florida Statute 440. E In addition,the Contractor shall obtain Employers'Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $500,000 Bodily Injury by Disease,each employee U Coverage shall be maintained throughout the entire term of the contract. I- V- Coverage shall be provided by a company or companies authorized to transact business in the Cti LO state of Florida. If the Contractor has been approved by the Florida's Department of Labor,as an authorized self- insurer,the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. X If the Contractor participates in a self-insurance fund,a Certificate of insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. CU W 0 c� CU WC2 Administrative Instruction 7500.5 E 97 cis Packet Pg. 395 C.11.c 2015 Edition 0 0 VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT 0 BETWEEN MONROE COUNTY,FLORIDA AND c� Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work,shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,as a minimum, liability coverage for: • Owned,Non-Owned,and Hired Vehicles E The minimum limits acceptable shall be: c� $1,000,000 Combined Single Limit(CSL) 0 If split limits are provided,the minimum limits acceptable shall be: $ 500,000 per Person S1,000,000 per Occurrence L01 $ 100,000 Property Damage M The Monroe County Board or County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. c� x 2 5 76 U 0 CL c� CU E VL3 AJminisuatiyc Instruction 7500.5 9I c� Packet Pg. 396 C.11.c : 2615£Jifion 0 0 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR 0 CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor sha11 obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability c� The minimum limits acceptable shall be: e U $500,000 Combined Single Limit (CSL) cN i An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. X The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 0 c� CU GL2 Administrative Instnwticm 7500.5 59 c� Packet Pg. 397 C.11.c 0 2015 Edition 0 POLLUTION LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT 0 BETWEEN MONROE COUNTY,FLORIDA AND Recognizing that the work governed by this contract involves the storage,treatment,processing, or transporting of solid waste ; ,the Contractor shall purchase and maintain, throughout the life of the contract,Pollution/Environmental Liability Insurance which will respond to bodily injury,property damage,environmental damage,contamination, remediation,restoration,clean up costs,and defense caused by,as a result of,or arising from a pollution incident. The minimum limits of liability shall be: a S1,000,000 per Occurrence/$2,000,000 Aggregate c� If coverage is provided on a claims made basis,an extended claims reporting period of four(4) years will be required. e c, V- The Monroe County Board of County Commissioners shall be named as Additional Insured on Q all policies issued to satisfy the above requirements. LO V- is X 75 C U) 0 CL U) c� C POL2 E Administrative instruction 7500.5 79 Packet Pg. 398 C.11.c ^ ADSWAST-01 BOXST l DATE(MMIDDIYYYY) - A`� CERTIFICATE OF LIABILITY INSURANCE 4/13/2017 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). CONTACT Willis Towers Watson Certificate Center CL PRODUCER NAME: FAX ,U) Willis of Virginia,Inc. PHONE ( 888 467-2378 c/o 26 Century Blvd (AIC,No,E%.(877)945-7378 AIc,No):( ) ryy ADDRIE S:Certificates@willis.com P.O.Box 305191 Nashville,TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC t! INSURER A:Arch Insurance Company 11150 INSURED INSURER B:Allied World National Assurance Corn an 10690 Advanced Disposal Services,Inc. INSURER C:Illinois Union Insurance Corn an 27960 (See Attached List of Named Insureds) 90 Fort Wade Rd. INSURER D Pointe Vedra,FL 32081 INSURER E: F INSURER F: .� COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY NUMBER IPOLppr EFF AOLICDY EXP LIMITS L TR TYPE OF INSURANCE IN D WV 2,000,000 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑X OCCUR X 31GPP4985404 1112012016 11/20/2017 DAM AG E7o a-gr n $ 1,000,000 -y MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ 2,000,000 0 GENERAL AGGREGATE $ 2,000,000 () GEN'L AGGREGATE LIMIT APPLIES PER: 21000,000 POLICY❑jEO7 LOC PRODUCTS-COMP/OP AGG $ - LIABILITY Eaac tlentSINGLE LIMIT $ 5,000,000 A AUTOMOBILE X ANY AUTO X 31CAB4985504 11/20/2016 11/20/2017 BODILY INJURY Per erson $ AOWNED UTOS ONLY SCHEDULED BODILY INJURY Per accident $ AUTOS PROPERTY DAMAGE HIRED NON-OWNED Per accident $ AUTOS ONLY AUTO ONLY $ + B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 15,000,000 EXCESS LIAB CLAIMS-MADE 03098718 11120/2016 1112012017 AGGREGATE $ 15,000,000 DED X I RETENTION$ 10,000 $ 1 A WORKERS COMPENSATION X STATUTE OERH AND EMPLOYERS'LIABILITY IN31WC14985304 1112012016 1112012017 1,000,000 LLo ANY PROPRIETORIPARTNERIEXECUTIVE Y� NIA E.L.EACH ACCIDENT $ _ MFFICER/MEMBEER EXCLUDED? E.L.DISEASE-FJ\EMPLOYE $ 1,000,000 r0 andatory m NH) If yes,describe under E.L.DISEASE-POLICY LIMIT 1,000,000CL DESCRIPTION OF OPERATIONS below 25,000,000 C Pollution Liability PPLG27059065002 11120/2015 11120/2018 Aggregate/Occurrence X A Business Auto 31CABO502304 1112012016 11/20/2017 See Attached U DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The Monroe County Board of County Commissioners is included as an Additional Insured as respects to Ge01U, ility.Automobile Liability,Pollution Liability and Umbrella/Excess Liability where required by written contract. BY E ANTWAI R N/A E 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. The Monroe County Board of County Commissioners Attn:Will Thompson AUTHORIZED REPRESENTATIVE cy Solid Waste Dept 1100 Simonton StreetIKey West.EL 33040 �"^�✓jw4 G y �' ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 399 C.11.c ADDITIONAL COVERAGE SCHEDULE 0 COVERAGE LIMITS POLICY TYPE:Automobile Liability Automobile Liability -Any Auto Combined Single Limit-$4,000,000 U) CARRIER: Arch Insurance Company g 0 o0. ;; POLICY TERM: 11/20/2016—11/20/2017 SIR-$1,000,000 T POLICY NUMBER: 31CABO502304 POLICY TYPE: Worker's Compensation -KY MO Per Statute CARRIER: Arch Indemnity Insurance Company Each Accident: $1,000,000 > POLICY TERM: 11/20/2016—11/20/2017 Disease—policy limit: $1,000,000 POLICY NUMBER: 34WC10519200 Disease—each employee: $1,000,000 ar E c� 0 L) N L c� x 75 U) 0 c� CU E E c� Packet Pg.400 C.11.c Named Insured: Advanced Disposal Services Oak Ridge Landfill,Inc. Advanced Disposal Services Orchard Hills Landfill, Inc. 0 Advanced Disposal Services, Inc. Advanced Disposal Waste Holdings Corp. Advanced Disposal Services Pasco County, LLC Advanced Disposal Services South, LLC Advanced Disposal Services Pecan Row Landfill,LLC HWStar Holdings Corp. Advanced Disposal Services Pontiac Landfill, Inc. Advanced Disposal Services East, Inc. Advanced Disposal Services Prattville C&D Landfill, LLC Advanced Disposal Services Midwest, LLC Advanced Disposal Services Renewable Energy,LLC Advanced Disposal Recycling Services Atlanta,LLC ADS Renewable Energy—Eagle Point,LLC CL Advanced Disposal Recycling Services Gulf Coast, LLC ADS Renewable Energy—Stones Throw, LLC Advanced Disposal Services Alabama CATS, LLC ADS Renewable Energy—Wolf Creek,LLC Advanced Disposal Services Alabama EATS, LLC Advanced Disposal Services Rogers Lake, LLC Advanced Disposal Services Alabama Holdings, LLC Advanced Disposal Services Rolling Hills Landfill, Inc. Advanced Disposal Services Selma Transfer Station,LLC > Advanced Disposal Services Alabama, LLC Advanced Disposal Services Arbor Hills Landfill, Inc. Advanced Disposal Services Seven Mile Creek Landfill, LLC Advanced Disposal Services Atlanta, LLC Advanced Disposal Services Smyrna Transfer Station,LLC Advanced Disposal Services Solid Waste Leasing Corp. Advanced Disposal Services Augusta, LLC Advanced Disposal Services Biloxi MRF, LLC Advanced Disposal Services Solid Waste Midwest,LLC Advanced Disposal Services Birmingham, Inc. ADS Solid Waste of NJ,Inc. Advanced Disposal Services Blackfoot Landfill,Inc. Advanced Disposal Services Western PA, Inc. Advanced Disposal Services Blue Ridge Landfill,Inc. Advanced Disposal Services South Carolina, LLC Advanced Disposal Services Star Ridge Landfill,Inc. Advanced Disposal Services Carolinas, LLC Advanced Disposal Services Cedar Hill Landfill, Inc. Advanced Disposal Services Stateline, LLC Advanced Disposal Services Solid Waste Southeast, Inc. Advanced Disposal Services Sumner Landfill, Inc. Advanced Disposal Services Central Florida,LLC Advanced Disposal Services Taylor County Landfill, LLC Advanced Disposal Services Chestnut Valley Landfill, LLC Advanced Disposal Services Tennessee Holdings,Inc. Advanced Disposal Services Cobb County Recycling Facility, Advanced Disposal Services Tennessee, LLC Advanced Disposal Services Valley Meadows Landfill, LLC U LLC Advanced Disposal Services Cobb County Transfer Station, LLC Advanced Disposal Services Valley View Landfill, Inc. Advanced Disposal Services Cranberry Creek Landfill, LLC Advanced Disposal Services Vasko Rubbish Removal,Inc. Advanced Disposal Services Cypress Acres Landfill,Inc. Advanced Disposal Services Vasko Solid Waste, Inc. CNI Advanced Disposal Services Eagle Bluff Landfill, Inc. Advanced Disposal Services Wayne County Landfill, Inc. LO Advanced Disposal Services Emerald Park Landfill, LLC Advanced Disposal Services Zion Landfill, Inc. Advanced Disposal Services Evergreen Landfill, Inc. Baton Rouge Renewable Energy,LLC Advanced Disposal Services Glacier Ridge Landfill, LLC Burlington Transfer Station, Inc. LLC Advanced Disposal Services Greentree Landfill, LLC Cartersville Transfer Station, U Advanced Disposal Services Gwinnett Transfer Station, LLC Caruthers Mill C&D Landfill, LLCLU Advanced Disposal Services Gulf Coast, LLC Champion Transfer Station, LLC Advanced Disposal Services Hancock County,LLC Diller Transfer Station, LLC LL Advanced Disposal Services Hickory Meadows Landfill, LLC Community Refuse Service, LLC Advanced Disposal Services Hoosier Landfill,Inc. Doraville Transfer Station, LLC U) Eagle Point Landfill, LLC C Advanced Disposal Services Jackson, LLC g Systems, LLC U)CL Advanced Disposal Services Jacksonville, LLC Eco-Safe S y Advanced Disposal Services Jones Road, LLC Hall County Transfer Station,LLC Advanced Disposal Services Eastern PA, Inc. Harmony Landfill, LP Advanced Disposal Services Lancaster Landfill, LLC Highstar Royal Oaks I,Inc. Advanced Disposal Services Lithonia Transfer Station,LLC Highstar Royal Oaks 11,Inc. Advanced Disposal Services Macon,LLC Hinkle Transfer Station, LLC Advanced Disposal Services Magnolia Ridge Landfill, LLC IWStar Waste Holdings Corp. Advanced Disposal Services Mallard Ridge Landfill, Inc. Jones Road Landfill and Recycling, Ltd. Advanced Disposal Services Maple Hill Landfill, Inc. Land and Gas Reclamation, Inc. Advanced Disposal Services Middle Georgia,LLC Landsouth, Inc. Advanced Disposal Services Milledgeville Transfer Station, LLC Moretown Landfill,Inc. Advanced Disposal Services Mississippi, LLC Mostoller Landfill, LLC Advanced Disposal Services Mississippi Holdings, Inc. Nassau County Landfill, LLC ; Advanced Disposal Services Mobile Transfer Station, LLC NEWS North East Holdings,Inc. Advanced Disposal Services Morehead Landfill, Inc. NEWS MA Holdings, Inc. Advanced Disposal Services North Alabama Landfill,LLC NEWS Mid-Atlantic Holdings,Inc. Advanced Disposal Services North Georgia, LLC NEWStar Waste Holdings Corp. Packet Pg.401 C.11.c North East Waste Services, Inc. Old Kings Road,LLC Old Kings Road Solid Waste,LLC 0 Parker Sanitation II,Inc. Pasco Lakes Inc. PDC Disposal Co., Inc. St.Johnsbury Transfer Station, Inc. U 0 Advanced Disposal Services Somerset, Inc. CL A South Hadley Landfill, LLC South Suburban,LLC SSI Southland Holdings, Inc. Stone's Throw Landfill,LLC M Summit, Inc. Superior Waste Services of New York City, Inc. Tallassee Waste Disposal Center, Inc. Turkey Trot Landfill, LLC Vermont Hauling, Inc. Waitsfield Transfer Station, Inc. WBLF Acquisition Company, LLC Welcome All Transfer Station, LLC E Western Maryland Waste Systems, LLC Wolf Creek Landfill, LLC E WSI Medical Waste Systems, Inc. WSI of New York, Inc. U WSI Sandy Run Landfill, LLC Advanced Disposal Services National Accounts, Inc. 0 Advanced Disposal Services National Accounts Holdings, Inc. U F.D.S.Disposal II, LLC North East Waste Transport, Inc. CN CGS Services, Inc. LO CGS Leasing, Inc. Sister's Sanitation Services, LLC ' DLD Limited Partnership Caldwell Partnership, LLC c� x 21 UL LU CL U) c� E c� Packet Pg.402 C.11.d WIINIXIPFRI�rl // WASTE MANAGEMENT To: Customers of Advanced Disposal Services and Waste Management Lie: October 30, 2020 Merger of Advanced. Disposal. Services with and into Waste Management 0 U Date: Effective October 30, 2020 a 0 On October 30,2020, Waste Management, Inc. ("WMI"and together with its affiliates and subsidiaries, "Waste Management") acquired Advanced Disposal Services, Inc. (together with its affiliates and. subsidiaries, "ADS") by acquiring all of ADS's issued and outstanding shares of stock. ADS has now been merged with and into an indirect wholly owned subsidiary of WMI, with ADS surviving the merger. Because this was a merger, and not an asset purchase, the AIDS operating companies in existence before the merger remain in existence now that the merger has been completed, as wholly-owned > subsidiaries within the'Waste Management family of companies. s a result of this merger, the ADS operating companies serving customers across the United States remain the same and continue to be active, operating companies. From the customer's perspective (whether municipal, residential, industrial., or commercial customers), service will continue as usual.. An assignment of the customer's ADS contract to Waste Management has not occurred as a result of the transaction, and was not required legally, because the scope of work was not assigned to a different company.' Customer contracts remain in place just as before, and ADS continues to provide service under those contracts as part of the Waste Management family. Over time, as 'Waste Management works to integrate aspects of the Waste Management 0 and ADS businesses,you may see changes in the way vehicles and equipment are branded, U and certain back-office functions like billing, on-line accounts, and customer support,may be consolidated to enhance efficiencies. Waste Management will communicate with customers when these or other changes in the way the merged companies operate are going to occur. Your business is very important to us. We are available as always and we encourage you E to reach out to your designated contact at ADS or Waste Management with any questions. We look forward to continuing to partner with you on your environmental solution needs. c� As pant of the merger's regulatory approval, some assets and customer agreements were sold and assigned to an unrelated third-party vendor, green For Life or "GFL" and those customers have received or will receive notice of such assignments, which were effective immediately following the merger, But, for customers still being serviced by ADS, nothing has changed with respect to their contractual relationship with ADS, Packet Pg.403