1st Amendment 01/18/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: January 31, 2023
TO: Cheryl Sullivan, Director
Solid Waste Department
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 18th BOCC Meeting
The following item has been executed and added to the record:
C11 1st Amendment to Disposal Agreement between Monroe County and Advanced
Disposal to update the disposal rates and contact information relating to notice and payment
provision.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County 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 1 TO DISPOSAL AGREEMENT
BETWEEN
MONROE COUNTY
AND
ADVANCED DISPOSAL SERVICES
THIS AGREEMENT, entered into this 18th day of_January_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:
WHEREAS, the Contractor and the County entered into an Disposal Agreement on March 15,
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
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
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:
j. Hauler means Waste Management, Inc. of Florida (also referred to as "WM")
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
waste, yard waste or recyclables from the County's Sites.
Page 1
2. Paragraph 3.DISPOSAL shall be revised to read as follows:
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:
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
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
Holidays: The Monroe County Transfer Stations will be closed on Thanksgiving Day, Christmas
Day and New Year's Day or as directed by the County.
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
adjustments). The rate of $100.53 + annual CPI adjustments and any other
applicable rate increase will apply for the remaining term of this agreement.
■ 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
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.
Page 2
■ 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.
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:
Advanced Disposal Services
LnJgMMgAAM&QM
goriwm.co
mifl��Eineca turecenter.c rn
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
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
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
Page 3
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; 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 patient records; 8) Title Vlll of the Civil Rights Act of
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),
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
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:
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:
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
Monroe County Solid Waste Director
1100 Simonton Street, Suite 231
Key West, FL 33040
and
County Attorney
lilt 121h St., Suite 408
Key West, FL 33040
FOR CONTRACTOR:
Greg Sullivan
Advanced Disposal
86490 Overseas Highway
Islamorada, FL 33036
Page 4
6. Paragraph 30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS shall be
amended to read as follows:
ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
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.
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� • A e • KEVIN MADOK,
1;;pCLERK BOARD OF CO COMMISSIONERS
; T` t ` , OF MONROE TY,FLO'•��A
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\NTIA is-;-k •-.. Li= :: ti a.- - :w2 , ,�' Deputy Clerk Mayor/Chairman SG, r ,,s,v;;d �,.,� Ma or/Chairman
rr"
(SEAL) ADVANCED DISPOSAL SERVICES
SOLID WASTE SOUTHEAST, INC.
Attest:
By: By: 40:1141,*
74401
WITNESS
Title: Coleen Houlihan,Admin.Asst. Title: David M.Myhan, P sident
By: , i i LI.A.-. ,0 ykOkli rti.,,,,-ref,
WITNESS
Title: dI I" iii �' .. f
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CO I
•f" X MONROE COUNTY ATTORNEY
rat. ` "� rr..,, tPPRQVDASTO 0 ,,��f
Et; �'r•l ILL l rAS g'L' zio
CHRISTINE LIMBERT•BARROWS
ASSISTANT COUNTY ATTORNEY
DATE: 12/14/22
Page 5
71T2
(MM/DD/YYYY)
ACCORD® CERTIFICATE OF LIABILITY INSURANCE
l/l/20247/2022
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 LOCKTON COMPANIES CONTACT
NAME:
3657 BRIARPARK DRIVE,SUITE 700 PHONE FAX
A/C No Ext: A/C No):
HOUSTON TX 77042 E-MAIL
866-260-3538 ADDRESS.
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:ACE American Insurance Company 22667
INSURED WASTE MANAGEMENT HOLDINGS,INC.&ALL AFFILIATE INSURER B:ACE Property and Casualty Insurance Company 20699
1484363 RELATED&SUBSIDIARY COMPANIES INCLUDING: INSURER C:Indernnity Insurance Co of North America 43575
ADVANCED DISPOSAL SERVICES,INC. INSURER D:ACE Fire Underwriters Insurance Company 20702
90 FORT WADE RD.
PONTE VEDRA FL 32081 INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER: 17111008 REVISION NUMBER: XXXXXXX
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 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 G72955924 1/1/2023 1/1/2024 EACH OCCURRENCE $ 5,000,000
DAMAGE
CLAIMS-MADE X OCCUR PREM SESOEa occurrDence $ 5,000,000
X XCU INCLUDED MED EXP(Any one person) $ XXXXXXX
X 1SO FORM CGO0010413 PERSONAL&ADV INJURY $ 5,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 6,000,000
POLICY n PRO LOC PRODUCTS-COMP/OP AGG $ 6,000,000
JECT
OTHER: $
A AUTOMOBILE LIABILITY Y Y MMT H25575398 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT $
Ea accident 1,000,000
X ANY AUTO BODILY INJURY(Per person) $ X'X'X'X'X'X'X'
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
B X UMBRELLA LIAB X OCCUR Y Y XEUG27929242 008 1/1/2023 1/1/2024 EACH OCCURRENCE $ 15,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 15,000,000
DED RETENTION$ $ XXXXXXX
WORKERS COMPENSATIONPER OTH-
C AND EMPLOYERS'LIABILITY Y WLR C70311094 AOS) 1/1/2023 1/1/2024 X STATUTE ER
* ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WLR C70311057(AZ,CA&MA) 1/1/2023 1/1/2024 E.L.EACH ACCIDENT $ 3,000,000
D OFFICER/MEMBER EXCLUDED? NI N/A SCF C70311136(WI) 1/1/2023 1/1/2024
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 3,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 3,000,000
A EXCESS AUTO Y Y XSA H25575350 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT
LIABILITY $9,000,000
(EACH ACCIDENT)
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
WRITTEN CONTRACT WHERE PERMISSIBLE BY LAW. CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED(EXCEPT FOR WORKERS'COMP/
EL)WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
M 12 22 2O22
CERTIFICATE HOLDER CANCELLATION WMW t -X
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
17111008 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
County of Monroe Solid Waste ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:Cheryl Sullivan
1100 Simonton St,Rm 2-231 AUTHORIZED REPRESENTATIVE
Key West FL 33040
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