05/21/2014 AgreementAMY NFAVILIN, CPA
CLERK OF CIRCUIT COURT 8 COMPTROLLER
xONROE cowrrr, FLORIDA
DATE: June 17, 2014
TO: Bob Shillinger,
County Attorney
ATTN.• Kathy Peters
FROM: Vitia Fernandez, D. C. v '0
At the May 21, 2014, Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items:
N9 Approval to waive competitive bidding procedures and enter into an Amended and Restated
Solid Waste and Recycling Collection Franchise Agreement with Waste Management Inc. of Florida,
Marathon Garbage Services, Inc. and Keys Sanitary Services for residential and commercial solid waste,
yard waste and recycling collection services in a combined amount estimated at $71.1 Million over a ten
year period.
N10 Approval to waive competitive bidding procedures and enter into an Amended and Restated
Recyclables Disposal and Operations Agreement with Waste Management Inc. of Florida in an amount
estimated at $4.14 million over a ten year period.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have
any questions, please feel free to contact my office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 851 -7146
s
RESTATED AND AMENDED
RECYCLABLES DISPOSAL AND
OPERATIONS AGREEMENT
BETWEEN
MONROE COUNTY
AND
WASTE MANAGEMENT INC. OF FLORIDA
THIS AGREEMENT dated May 21, 2014 between Waste Management Inc. of Florida (the "Operator ") a
corporation organized and existing under the laws of the State of Florida with offices at 2700 NW 48th Street,
Pompano Beach, FL 33073, and Monroe County (the "County") a political subdivision organized and existing
under the laws of the State of Florida, with offices located at 1100 Simonton Road, Key West, Florida 33040.
RECITALS
WHEREAS, the County Is empowered to provide for and assume full control and responsibility for the
solid waste disposal system In Monroe County; and
WHEREAS, the County, is seeking a long -term, cost effective, solution to processing, transportation and
marketing of recyclables and other such operations as may be available; and
WHEREAS, the Operator has offered new financial incentives including limited CPI increases, an annual
$50,000 rebate, and a 40% share of revenue over average market value when such average is greater than $98 per
ton, and
WHEREAS, because of the new financial incentives offered, the County has agreed to restate and amend
and extend the Recycling Operations Agreement
WHEREAS, the parties have agreed to enter Into a Restated and Amended Recycling Operations
Agreement pursuant to the terms described herein.
NOW THEREFORE, In consideration of the premises and of the mutual obligations undertaken herein, the parties
hereby agree as follows:
ARTICLE I CERTAIN DEFINITIONS
As used in this Agreement, following terms shall have the meanings set forth below:
"Agreement" means this Recyclables Operations Agreement between the Operator and the County,
Including the Schedules and any written amendments to either.
"Board of County Commissioners" means the governing Board of the County.
"Change in Law" means (a) the enactment, adoption, promulgation, modification, or effectiveness of
any federal, state, county or local law, ordinance, code, or regulation following the contract date which
materially affects the performance or cost of performance of the Contract.
Change in Law also means (b) the Imposition of any new material condition or the Issuance or
renewalof any of permit or license.
"County" means the Board of County Commissioners, Monroe County, Florida.
"Daily Weight Records" means those records which are maintained on a daily basis relating to the
County scales located at a Facility Site or used by Facility Site.
"Fiscal Year" means the period of time beginning on October 1 and ending on September 30 of the
subsequent year.
"Hazardous Waste" means any solid waste defined under the Resource Conversation and
Recovery Act, ( "RCRA ") 42 U.S.C. Sec. 6901 et set., Chapter 403, Florida Statutes, or Chapter 27 of the
Broward County Code of Regulations as Hazardous Waste, or any other applicable state, Federal or local law,
rule or regulation permit.
"Operation Coordinator" means those persons designated by the County and by the Operator as set
forth In Section 2.03.
"Operator" means Waste Management Inc. of Florida, a Florida corporation.
"Receiving Time" means the period during which Recyclables may be delivered to the Recyclable
Facility Site. Unless changed by mutual agreement of the County and Operator, the Receiving Time Is Monday
through Saturday, 8:00 a.m.to 4:00p.m. The Recyclable Facility Sites shall be closed on Christmas Day, New
Year's Day, Thanksgiving Day, July 4, and Labor Day.
"Recyclables" or "Recyclable Material "means those materials which are capable of being
recycled and which would otherwise be disposed of as solid waste. Such Recyclables are:
(i) newsprint,
(ii) old corrugated containers ( "OCC "),
(iii) office paper,
(iv) mixed paper,
(v) magazines,
(vi) phone books,
(vii) mixed plastics,
(viii) flint glass, amber glass, green glass,
(ix) aluminum cans,
(x) steel cans,
(xi) scrap metal,
(xii) tires,
and other items that the Operator and County mutually agree In writing are Recyclables.
"Recyclables Facility Site" means each of the three recyclable receiving sites ownedby the
County and operatedby the Operatorunder this Agreement as follows:
Key Largo Transfer Station, 1180 State Road 905 (Gulf side), Key Largo
Long Key Materials Recovery Facility, Mile marker 68
Cudjoe Key Recycling Yard, Mile marker 21.5
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"Transfer Station" means each of those facilities owned by the County at which solid waste is
brought in and placed in transport vehicles for disposal at a solid waste disposal facility; such Transfer
Stations are located at (i) Cudjoe Key, Mile marker 21.5, Blimp Road; (ii) Long Key, Mile marker 68; and
(iii) Key Largo, 11180 State Road 905.
"Unacceptable Waste" means material other than Recyclables and shall include but shall not be
limited to solid waste, garbage, trash, Hazardous Waste, Infectious waste, toxic waste, or special waste. A recycle
container that is contaminated with more than 10°/o of other materials shall be considered Unacceptable Waste.
"Uncontrollable Circumstances" means any act, event, or condition that has had, or may reasonably
be expected to have, a material adverse effect on the performance by, or the rights or the obligations of a party
under this Agreement. Such acts, events or conditions shall include, but shall not be limited to the following:
(a) An act of God, landslide, lightning, earthquake, fire, explosion, flood, hurricanes, war,
blockade, insurrection, riot or civil disturbance.
(b) The order and /or judgment of any federal, state or local court, provided that such
order or judgment shall not be the result of the willful or negligent action
of the party relying thereon and that neither the contesting in good faith of
any such order or judgment nor the failure to so contest shall constitute or be
construed as a willfulor negligent action or inaction of such party.
(c) The suspension, termination, interruption, denial or failure of or delay in renewal
or issuance of any permit, license, consent, authorization or approval essential
to performance under this Agreement, provided that such act or event shall not
be the result of the willful or negligent action of the party relying thereon and
that neither the contesting in good faith of same nor the failure to so contest shall
constitute or be construed as a willful or negligent action or Inaction of such
Ply.
(d) A partialor entire delay or failure in the provision of necessary utilities or services
to a Recyclables Facility Site.
(e) With respect to the Operator, any material failure of the County to- provide
Information, services or any other item required to be furnished Operator In a
timely manner as required by the Agreement, or material errors, omissions,
changes or defects in such items.
ARTICLE II
AGREEMENT TERM, OPERATION OF
RECYCLABLES FACILITY SITES
2.01 Commitment to Receive. Process Transport and Market Recyclables and other Related
Materials.
(a) The term of this Agreement shall be for the period beginning on October 1, 2014, extending for
ten (10) years, and terminating on September 30, 2024. The County shall have the exclusive option, upon
agreement of the Operator, to extend the Agreement by formal Amendment, upon approval by the County
BOCC, upon mutually agreeable terms and conditions, for an additional five (5) year period upon one hundred
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twenty (120) days written notice to the Operator prior to the expiration of the current term of this Agreement. If
such written notice and formal amendment is not provided this Agreement shall terminate on September 30, 2024.
Monroe County shall have the right to unilaterally extend the term for a period of ninety (90) days under the same
terms and conditions as set forth herein.
Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners. The Operator shall receive and process Recyclables
delivered to the Recyclables Facility Sites by or on behalf of the County.
(b) The Operator shall receive Recyclables delivered to each of the Recyclables Facility Sites during
the Receiving Time.
(c) The Operator will provide a citizens' drop -off facility at all Recyclables Facilities Sites. The operating
hours of the citizens' drop -off will correspond to the operating hours of the Recyclables Facilities Sites.
2.02 Qperation of Recyclables Facility Sites
The Operator shall operate and maintain the Recyclables Facility Sites consistent with the
Operating Plan and with all applicable federal, state and local laws, regulations, ordinances and
permits, rules, and proper operating practice and In such manner as to ensure that they are able to
receive and process Recyclables in accordance with this Agreement. Operator shall have. the right to
occupy and possess the Recyclables Facility Sites during the term of this Agreement.
2.03 Operation Coordinators.
(a) The County shall designate an Operation Coordinator with respect to matters which
may arise during the performance of this Agreement and such person shall have
authority to transmit instructions, receive Information, confer with the Operator's
Operation Coordinator and make all day to day operational decisions as may be
directedbythe Board of County Commissioners.
(b) The Operator shall designate in writing a person to act as the Operator's Operation
Coordinator with respect to matters which may arise during the performance of this
Agreement, and such person shall have authority pursuant to such written designation
to transmit instructions, receive Information, confer with the County's Operation
Coordinator and make all day to day operational decisions. The Operator's Operation
Coordinator shall be qualified and possess any applicable certification or licenses
required under Florida Law, to operate the Recyclables Facility Sites.
2.04 Facility Services, Maintenance. Etc
(a) Safety of Persons and Property. At all times the Operator in conjunction with the
County shall establish and maintain safety procedures for the Recyclables
Facility Sites in a manner consistent with applicable law and good safety
practice.
(b) Equipment. The Operator is responsible to provide all equipment and materials
necessary to fulfill its obligations under this Agreement.
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2.05 County Visitation and Inspection of the Facility: Record Keeping:
Reporting: Testing
(a) At any time during term of this Agreement, the County, its agents and its
representatives shall have the right to inspect, visit and to take visitors through the
Recyclables Facility Sites in order to inspect, observe and to permit others to observe
the various services which the Operator performs, provided that such inspections
and visitations shall not Interfere with the performance of the Operator's obligations
under this Agreement and are in compliance with Section 2.05(d).
(b) The Operator shall provide the County with data concerning the number of tons of
acceptable Recyclables that are processed, transported and marketed so that the County
may utilize this data to prepare reports on the diversion of waste for the Florida
Department of Environmental Protection.
(c) The County shall provide the Operator with copies of any reports prepared by
or on behalf of the County.
(d) In connection with all inspections or visitations, the County shall, on behalf of
itself, its agents and representatives, comply and cause its agents and representatives
to comply with all reasonable rules and regulations of the Operator, including a
requirement that each person, County agent or representative inspecting or visiting the
Recyclables Facility Sites hold the Operator harmless in the event of Injury to such
person or his/her property unless due to the negligence of Operator. Such Individual shall
not disclose or use any confidential information of the Operator other than for the
purpose for which it was furnished, unless disclosure is requiredby applicable law.
2.06 Acceptable Recyclables.
(a) Recyclable Materials separately collected by or on behalf of the Comity shall be
subject to delivery to the Recyclables Facility Sites. The County hereby guarantees to
the Operator that it shall cause Recyclables to be delivered each Recyclables Facility
Site during the Receiving Time.
(b) Title to any Recyclables removed from the Recyclables Facility Sites by the Operator
shall remain with the County until final market.
(c) Operator shall have the right to charge a processing fee (as set forth in Schedule
A) to commercial entities that deliver Recyclables and related materials to the
Recyclables Facility Sites. The County shall not be charged a processing fee
on such Recyclables f or which commercial entities have paid the fee.
2.07 Deliveries of Unacceptable Waste.
(a) The County shall use its best efforts to cause only Recyclables to be delivered to
the Recyclables Facility Sites. Inadvertent deliveries of Unacceptable Waste to the
Facility shall not constitute a breach of the County's obligations hereunder.
Deliveries may contain up to ten percent (10 %) of other materials and be considered
as acceptable waste. Nothing contained in this Section shall limit the right of the
Operator to reject, refuse to accept or revoke acceptance of any Unacceptable
Waste at the Recycling Facility Sites. The Operator shall use reasonable efforts to
identify the hauler that transported the Unacceptable Waste to the Recyclable
Facility Site and shall notify the County of same. The County shall remove or cause
to be removed any Unacceptable Waste or loads of Recyclables contaminated with
Unacceptable Waste or portions thereof that Operator has rejected, refused to
accept or for which it has revoked acceptance. In the event that County instructs
Operator to remove, transport, dispose or manage such Unacceptable Waste, and
Operator agrees to do so, County shall pay Operator for the costs incurred for same.
Contaminants separated by Operator from Acceptable Waste shall be disposed
lawfully by Operator and County shall pay the applicable disposal rate for same.
(b) The Operator will notify the County if any particular hauler has been found by the
Operator to be responsible for delivering or attempting to deliver any Unacceptable
Waste in any quantity or form or in bulk or constituting a substantial and visible part
of a load of Recyclables. Upon receipt of such notice, the County will take
appropriate action in an attempt to prevent any repeated occurrence by such hauler.
The delivery of such waste shall not constitute a breach of the County's performance
hereunder.
(c) To the extent that the County has control or is otherwise responsible for delivery of
unacceptable waste, the County shall be responsible for any damage, delay or costs
incurred by the Operator as a result of the delivery of Unacceptable Waste to the
Recyclables Facility Site and the County shall indemnify the Operator in accordance
with Section 6.04(c). The Operator shall notify the County of any Unacceptable Waste
delivered to the Recyclables Facility Site. Upon receipt of notice, the County or
Operator shall cause the prompt removal of such Unacceptable Waste, which shall be
processed at the current rate of disposal for solid waste. The Operator shall have no
responsibility to remove, transport or dispose of any Unacceptable Waste delivered to
the Facility although such removal, transport and disposalmay be handled pursuant
to the provision of the Haul -out, Operation and Maintenance agreement
between the Operator and the County.
2.08 Receiving and Operating Hours
(a) The Operator shall keep the Recyclable. Facility Sites open for receiving Recyclables
during the Receiving Time.
(b) The Operator may request and accept subject to County approval the delivery
of Recyclables at times other than the Receiving Time or in amounts greater
than amounts scheduled to be delivered at no additional cost to the County. The
County's approval shall not be unreasonably withheld. The Operator will
reimburse the County for overtime costs resulting from such extended
Receiving Time should a weigh master or other County employee be required.
2.09 Weighing Equipment and Recordkeeping.
(a) The County shall maintain weighing scales at the entrance to or adjacent to each
Recyclables Facility Site for the purpose of determining the total tonnage of Recyclables
delivered.
(b) The County shall maintain a weight record containing the weight, date, time
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and vehicle identification of each vehicle entering and exiting the
Recyclables Facility Site and provide the Operator a duplicate copy or
report of each weight record Issued.
(c) The County shall operate and maintain the scales in compliance with this
Agreement and all applicable state and local laws. The County shall test, or
cause to be tested, the scales at least semiannually and if necessary recalibrate
such scales accordingly. Copies of the results of such test and any
recalibration shall be provided to the Operator within fifteen (15) days of the
receipt of such records by the County. The Operator hereby reserves the right
to have reasonable access to the scales and respective scale houses during all
operating hours to monitor the County's compliance with the provisions of
this Section 2.09. The Operator has the right to verify weight data and cause the
scales to be tested at Operator expense at times other than the County's
required semiannual test. If all weighing equipment is incapacitated or is being
tested, the County shall estimate the quantity of material delivered on the basis
of truck volumes and estimated data obtained from pertinent historical
Information. These estimates shall take the place of actual weighing records
during the period of the scale outage.
2.10 Storage
Recyclables shall be placed in the storage area designed for that purpose.
2.11 RESERVED
2.12 Equipment Parking
The County shall designate areas at each Recyclables Facility Site which the Operator can
exclusively use for the parking and storage of transfer trailers, transfer tractors, and other
vehicles and equipment owned or used by the Operator for the purpose of fulfilling the
provisions of the Agreement. Any other vehicles Operator desires to park at a facility will
be subject to the reasonable terms and conditions by the County.
ARTICLE III
COMPENSATION, FEES
PERFORMANCE GUARANTEES AND PENALTIES
3.01 Compensation and Processing Fee
A. Compensation
The COUNTY shall pay the Franchisee in current annual funds for the Franchisee's performance of this
Agreement. Funding for years 1 -10 are estimated as follows, which includes the estimated CPI
increases as allowed and specified herein:
Year 1 $389,500
Year 6
$409,200
Year 2 $389,500
Year 7
$419,400
Year 3 $399,200
Year 8
$429,900
Year 4 $399,200
Year 9
$440,600
Year 5 $409,200
Year 10
$451,700
Total Estimated Amount: $4.14 Million
These numbers represent estimated numbers only, and are based on estimated quantities of
materials and CPI increases. Actual numbers are expected to vary. These estimates are not
meant as a minimum or maximum amount to be guaranteed under this Agreement on behalf of
either the County or the Franchisee. The County anticipates the tons of recyclable materials to
substantially increase after delivery of the recycle carts to County residents, and therefore the
estimates listed above may substantially increase.
B. Processing Fee
The County is currently paying the Operator a processing fee of $73.92 per ton of recyclable materials
delivered to the Facility. The $73.92 per ton fee will remain in effect through September 30, 2014. On
October 1, 2014, and each October 1 thereafter, except as specified below, throughout the remaining
term(s) of this Amended and Restated Monroe County Recyclables Agreement, the disposal fee shall be
adjusted based on the percentage change in the Miami / Ft. Lauderdale All Urban Consumers All Items
Price Index published by the United States Department of Labor, Department of labor Statistics for the
previous March 1— February 28 time period. For years when a CPI is authorized, the Processing Fee shall
be based on the percentage change in the Urban Consumer Price Index published by the United States
Department of Labor, Department of labor Statistics for the previous March 1 — February 28 time period.
CFI increases are authorized as follows:
Years 2, 4, and 6 No CPI Increase Authorized
Years 1, 3, 5, 7, 9, and 10 CPI Increases Authorized. Not to Exceed 2.5%
C. Rebate.
The Operator shall pay the County a lump sum of $50,000 annually on October 1.
D. Share of Revenue
The Operator shall provide 40% of the revenue from the sale of recyclable materials when the average
market value is greater than or equal to $98 /ton. Such payment shall be made quarterly to the County,
and shall be based on the quarterly market average. The Operator shall provide an annual report and
statement that indicates the number of tons of recyclable materials processed, the monthly market
value, the rebate and share of revenue funds paid to the County.
3.02 Reserved
3.03 Billing Statement
At the end of each calendar month, the operator shall provide a billing statement
In accordance with this provision. This statement shall set forth the total tonnage
received at the Recyclables Facility Sites, according to the weight recorded and
certified at the scales for the month then ended times the Processing Fee charged per ton
in accordance with this Agreement Such statement shall be provided for the County not
later than the fifteenth (15th) day of the month following the provision of the service. The
County shall make its best effort to make payment with fifteen (15) days following the
receipt of such statement, but the County shall otherwise comply with the Local
Government Prompt Payment Act 218.70, Florida Statutes.
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3.05 Performance Guarantees
Operator shall operate the Recyclables Facility Sites in a manner that they are capable of
accepting and processing up to an aggregate of 20,000 tons of Recyclables per
year.
3.06 Com1y Non - performance
If during any monthly billing period due to the fault of the County , a
Recyclables Facility Site is temporarily shut down, either partially or totally, or is
otherwise unable to receive or process Recyclables, the Operator shall use its reasonable
best efforts to receive, process and/or dispose of Recyclables to the extent possible, and
the County shall pay such costs, losses and damages as shall be claimed by the
Operator. During such events, the Operator shall use its reasonable best efforts to reduce
expenses and mitigate losses during a period of non - operation or partial operation due to
the County's fault.
3.07 No liability for Uncontrollable Circumstances.
Neither the County nor the Operator shall be liable to the other for any failure or delay In
performance of any obligation under this Agreement (except any obligation to pay
previously owed or otherwise obligated monies) If such party is prevented or delayed in the
performance of such obligation due to the occurrence of an Uncontrollable
Circumstance. The party whose performance under this Agreement has been affected by an
Uncontrollable Circumstance shall provide prompt written notice of the occurrence and
cessation of such Uncontrollable Circumstance to the other party. Whenever an
Uncontrollable • Circumstance shall occur, the party claiming to be adversely affected
thereby shall as quickly as reasonably possible, eliminate or mitigate the cause therefor,
reduce costs and resume performance under this Agreement.
Article IV
FURTHER AGREEMENTS
4.01 Licenses, Approvals and Permits.
The Operator shall maintain all permits required or permitted by law to be in its name
which are necessary for the operation of the Recyclables Facility Sites. The Operator and the County shall
cooperate as reasonably necessary in connection with obtaining in a timely manner the licenses, approvals
and permits for the operation of the Sites.
4.02 Insurance During Aerations:
(a) The Operator shall maintain all insurance coverage as mutually agreed to under Section
4.02(b) during the term of this Agreement. The costs of all such insurance, including any
deductibles shall be paid bythe Operator.
(b) The Operator shall obtain and maintain the following Insurance with respect to
operation and maintenance of the Facility:
(1) Broad Form Commercial General Liability Insurance Coverage which shall contain
the following minimum coverage and endorsements with other coverage and
endorsements to be added by mutual agreement:
(i) Premises/operations;
(ii) Contractual liability applicable to the Indemnities in this Agreement;
(iii) Products /Completed Operations Hazards;
(iv) Independent Operators;
(v) Environmental Impairment;
(vi) Personal injury,
(vii) Deletion of the Explosion,collapse and
underground hazards exclusion;
(viii) Cross liability clause.
The applicable limit of liability shall be as agreed from time to time but shall not be less
than $5,000,000 per occurrence.
(2) Workers' Compensation in an amount as required by statute and Employers
Liability In an amount no less than $1,000,000 each accident, $1,000,000 each
employee for disease, and $5,000,000 policy limit.
(3) Comprehensive Automobile Liability Insurance Coverage applicable to all owned
"non- owned" and hired vehicles used In connection with the operation and
maintenance of the Recyclables Facility Sites, subject to the minimum Combined
Single Limit of Primary Bodily Injury and Property Damage Liability Insurance as
agreed from time to time but which shall not be less than $5,000,000 Combined
Single Limit. Operator will require subcontractor to provide a certificate of
automobile insurance.
(4) Umbrella or Excess Liability Insurance Coverage which shall follow form, with
respect to all underlying coverage regardless of Umbrella or Excess Policy
Conditions to the contrary. The Limits of Liability shall be $10,000,000 per
occurrence and, as applicable, in the aggregate.
(5) All Risk Property Insurance covering 100% of the Recyclables Facility Sites
replacement cost.
(c) Additional Named Insured's The Operator shall name the County (Including their
respective board members, directors, officers, employees and agents)as additional named
insured on all insurance policies required pursuant to this Section 4.02 and as loss payee
on property Insurance policies, as their respective Interestmay appear in accordance with
the contracts and agreements (related to the Recyclables Facility Sites) to which they are a
party.
(d) SpecialInsurance Provisions. With respect to the insurance specified in this Section
4.02.
(1) Such coverage shall not be canceled or materially changed without giving
the County thirty (30) days.
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(2) Addition named Insured's shall have the option of paying any insurance
premium in order to prevent cancellation of insurance's for nonpayment of
premium and shall be entitled to receive from the Operator full
reimbursement of all items so expended.
(3) Neither the Operator nor any of the additional named insured set forth In
Section 4.02(c) shall have the unilateral right to make an insurance
settlement under the policies of insurance's set forthherein.
(4) If at any time the insurance's set forth in this Section 4.02 shall fail to
comply with the insurance requirements specified, the Operator shall, upon
notice to that effect, promptly apply for a new policy, submit such policies
to the County for prior approval, and then file a certificate thereof with the
same. If the Operator fails to comply with any such Insurance
requirements, the County may, at its option, pay a renewal premium or
otherwise fulfill the particular Insurance requirements. This action on the
part of the County will mandate repayment of said Insurance premiums by
the Operator. Failure of the operator to take out and/or maintain any
required insurance shall not relieve the Operator from any liability
hereunder Failure of the Operator to maintain the required Insurance
constitutes a breach of this Agreement
(5) The Operator shall evidence compliance with the Workers' Compensation
Law by supplying the County, prior to the first day of the term of this
Agreement, the following attested documentation:
(a) A Workers' Compensation certificate, prescribed for proof of
compliance with the Workers' Compensation law; and
(b) If the Operator or any subcontractor shall be self- - insured for
Workers' Compensation, such entity shall present a certificate
evidencing from the Workers' Compensation that fact to the
County.
(e) With respect to the interests of the additionalnamed insured as set forth in Section
4.02(c),such insurance shall not be invalidated by any action or inaction of the
named insured and shall insure such additional named insured regardless any
breach or violation of any warranty, declaration of condition contained in such
insurance by the named insured.
(f) Such liability insurance as is afforded by the insurance set forth in this Section
4.02 shall be primary without the right of contribution from any other
insurance's that are carried (or self - insurance) by the Operator or by any
additional named insured a s set forth In Section 4.02(c), with respect to their
interests in the Facility Site
4.03 EQUaI Employment Opportunity and Non - Discrimination
The Operator agrees to comply with the requirements of all applicable non- discrimination and equal
employment opportunity statutes. County and Contractor agree that there will be no discrimination against
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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 VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis
of race, color or 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. 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 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; 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; 9) The Americans with Disabilities Act of 1990
(42 USC s. 1201 Note), as maybe amended 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.
Notwithstanding the forgoing, termination may not occur if the Operator produces and adopts a plan that on a
go- forward basis will address and seek to prevent any reoccurrence of unlawful discrimination. The County
and Operator agree to comply with all Federal and Florida Statutes, and all local ordinances, as applicable,
relating to nondiscrimination.
4.04 Change In Law.
In the event that a Change In Law occurs such that compliance with this Agreement by either part
Is rendered unlawful or is materially adversely affected, the parties shall meet Immediately to
agree on a modification to this Agreement that will allow continuation of this Agreement without
causing such adverse effect or violation of law. The Agreement shall be deemed terminated by
mutual consent of the parties If such modification Is not agreed to within 30 days after the Change
In Law occurs.
ARTICLE V
DEFAULT AND TERMINATION
Either party may terminate this Agreement on the occurrence of an Event of Default by the
other party In accordance with this Article V.
5.02 Events of Default by Operator
The following shall constitute Events of Default on the part of the Operator:
a) Failure of the Operator to timely perform any material obligation under this
Agreement, such as, but not limited to, failure to provide sufficient labor and materials to
operate the Recyclables Facility Sites as herein specified, operation of the same in violation
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of any applicable and material federal, state or local environmental rules, regulations or
laws, or ordinances, refusals or failures to supply properly skilled workmen, failure to
supply or cause to be supplied proper materials, failure of the Operator to provide the
Insurance as required by Section 4.02, and disregard for laws, ordinances, rules, regulations
or orders of any public authority having jurisdiction over the Recyclables Facility Sites, or
the Operator's obligations under this Agreement. However, the failure of the Facility to
operate at the level of the performance requirements of Section 3.05 shall not be an Event of
Default If (i) no Event of Default described In paragraph (b)(1) of this Section 5.02 shall have
occurred, and (II) the Operator shall pay any costs incurred by the County because of such
failure.
(b) (1) In the event the Operator fails to operate the Recyclables Facility Sites at a level
in accordance with the performance requirements of Section 3.05 for a period of two (2)
consecutive months, provided that County has delivered or caused to be delivered,
Recyclables materials for processing. Any such default shall be cured if the Operator shall
develop a reasonable corrective plan intended to restore performance to an acceptable
level within two (2) month period. This two (2) month period may be extended at the option of
the County upon the Operator's showing of good cause.
(2) In the event of any extension beyond the initial two month period provided in
Section 5.02(b)(1) unless the Operator can demonstrate that it has properly operated and
maintained the Recyclables Facility Sites in accordance with prudent operating
practices, the Operator shall be liable for costs associated with the failure to perform
during the extension period.
(c) The Operator being or becoming insolvent or bankrupt or ceasing to pay its debts as
they mature or making an arrangement with or for the benefit of its creditors or
consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for
a substantial part of Its property, or bankruptcy, winding up, reorganization,
insolvency, arrangement or similar proceeding Instituted by or against the Operator
under the laws of any jurisdiction, which proceeding has not been dismissed within
ninety (90) days, or any action or answer by the Operator approving of, consenting to, or
acquiescing In, any such proceeding, or the levy of any distress, execution or attachment
upon the property of the Operator which shall substantially interfere with its performance
hereunder.
5.03 Events of Default by the County
The following shall constitute Events of Default on the part of the County.
(a) Failure of the County to timely perform any material obligation under this Agreement,
except the obligation described in Section 5.03(b). However, no event of default shall
occur under this Section 5.03(a) If the County shall, within s i x t y (60) days of the failure
to perform, prepare a reasonable corrective plan intended to cure the failure of
performance within a two month period. The two month period may be extended for an
additional two month period by mutual agreement upon the County's showing of good
cause, which agreement shall not be unreasonably withheld by the Operator. The County
shall be liable for any costs incurred by the Operator during the period of the County's
failure to perform.
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(b) Failure of the County to pay amounts owed to the Operator under Section 3.01 or 3.03 of
this Agreement within thirty (30) days of the due date, or failure of the County to pay any other
amount owed to the Operator within ninety (90) days following receipt of Operator's billing;
unless a dispute resolution is pending pursuant to Section 6.03 hereof, in which case the County
shall pay to the Operator any such amount which Is not in dispute, and withhold payment of any
such amount in dispute in accordance with Section 6.03.
5.04 Termination of Agreement by the County
(a) If within a period of thirty (30) days after the Operator shall have received notice from
the County that an Event of Default has occurred under Section 5.02(a) or (b), such notice
describing in reasonable detail the nature of the Event of Default, the Operator has neither
remedied, nor commenced and continued to pursue with due diligence a remedy for any
such Event of Default, the County may, after dispute resolution in accordance with
Section 6.03, terminate this Agreement forthwith.
An Event of Default of the character described in Section 5.02(c) hereof shall not require
notice by the County as hereinabove provided, but shall terminate this Agreement
forthwith.
(b) If this Agreement is terminated by the County pursuant to Section 5.04(a) hereof, the
Operator shall vacate the Recyclables Facility Sites.
(c) If the Agreement is terminated, the Operator shall (a) grant to the County, or any
replacement operator, a paid up, royalty -free, non - exclusive license to any patents,
trademarks, copyrights and trade secrets and "shop rights" as necessary for and limited to
the operation of the Recyclables Facility Sites; (b) supply at a mutually agreeable fair
market value, any proprietary components needed for continuing the operation of
same; (c) assign, if not prohibited, for the benefit of the County or any replacement
operator, all maintenance and supply contracts;(d) assist the County or any
replacement operator by providing, without charge, initial training for personnel as
may be reasonably necessary to enable the new operator to continue with the
operation of the Recyclables Facility Sites; (e) provide non - technical and technical
design, construction and operational information, whether or not proprietary,
including technological specifications, necessary for operation, maintenance and
repair of the Recyclables Facility Sites; and (f) grant to the County or any
replacement operator access to the Recyclables Facility Sites for the purpose of
operating and maintaining the same. The Operator shall be entitled to payment of its
processing fee pursuant to Article IV until the date of termination of this Agreement
(d) This Section 5.04 shall survive the termination of this Agreement for the purpose
of enforcing the County's rights herein.
5.05 Termination of Agreement by the Operator
If an Event of Default described in Section 5.03(a) or (b) hereof shall occur and If such
Event of Default shall continue for a period of thirty (30) days after the County shall have
received notice from the Operator describing In reasonable detail the nature of the Event of
Default, and If the County has neither remedied, nor commenced and continued to pursue a
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remedy for any such Event of Default with due diligence, or, in the event of a failure to pay
monies owed, paid In full such monies, then the Operator, after dispute resolution in
accordance with Section 6.03, may commence such legal or equitable proceedings to
recover damages as the Operator may deem appropriate and/or terminate this Agreement
upon Thirty (30) days written notice to the County. County shall be responsible for and shall
pay Operator damages, losses, costs, and expenses, relating to such Default, together with
reasonable attorneys' fees and costs.
5.06 No Liability for Uncontrollable Circumstances
Neither the County nor the Operator shall he liable to the other for any failure or delay in
performance of any obligation under this Agreement (except the obligation to pay previously
owed or otherwise obligated monies) due to the occurrence of an Uncontrollable
Circumstance. The party whose performance under this Agreement has been affected by an
Uncontrollable Circumstance shall provide prompt written notice of the occurrence and
cessation of such Uncontrollable Circumstance to the other party. Whenever an
Uncontrollable Circumstance shall occur,the party claiming to be adversely affected thereby
shall, as quickly as possible, eliminate or mitigate the cause thereof, reduce costs and
resume performance under this Agreement.
5.07 Manner of Termination Payment
Within thirty (30) days following completion of the term of this Agreement, the County and the
operator shall reconcile all amounts then due and payable to each other under the provisions of this
Agreement. Upon reaching, as a result of such reconciliation, the total amount of the outstanding
unpaid balance which the County and the Operator each owe the other, the County and the
Operator shall, within 30 days thereafter pay such amounts. If there shall be a disagreement as to
the amount the Operator or the County shall be entitled to receive, there shall nevertheless be timely
paid such amounts which are not in dispute. Any remah I ing balance shall be payable promptly by
the appropriate party after resolution of said dispute, in accordance with Section 6.03
ARTICLE VI
MISCELLANEOUS
6.01 Term
Unless sooner terminated in accordance with the terms hereof, this Agreement shall commence on,
October 1, 2014 and continue until September 30,2024. This Agreement may be renewed for up to
one additional five (5) year period on the terms and conditions set forth herein by mutual agreement of
the parties.
6.02 Assi nment
(a) It is expressly understood and agreed that this Agreement is personal to the County and
the Operator, and that, except as expressly provided In this Section 6.02,the Operator shall have
no right, power or authority to assign this Agreement or any portion thereof without prior
approvalof the County.
(b) Upon written notification to and subject to written approval by the County, the
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Operator may subcontract or assign performance required hereunder. The Operator guarantees
compliance by such subcontractors and assignees with the requirements of this Agreement,
provided that the limitations on the Operator's liability set forth in the Agreement constitutes the
aggregate limit of liability of the Operator and its related or affiliated entitles to the County. The
County shalt not unreasonably withhold approval of any requested subcontract or assignment.
This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee
or subcontractor shall comply with all of the provision of this agreement. Unless expressly provided for
herein, such approval shall in no manner or event be deemed to impose any additional obligation upon
the Board.
6.03 Dispute Resolution.
(a) The parties shall use their reasonable best efforts to resolve any dispute or controversy by
mutual agreement. Except as otherwise expressly providedherein, each party shall have the
right to fully pursue its remedies at law in the event a dispute or controversy cannot be
resolved In accordance with the foregoing.
(b) ' Adjudication of Disputes or Disagreements: The parties agree that all disputes and
disagreement 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 30 days after the
first meet and confer session, the issue or issues shall be discussed at public meeting of the Board
of County Commissioners. If the issue or issues are 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
(c) Any civil proceeding or other action commenced to enforce this Agreement shall be
filed in any court having jurisdiction thereofand situated in Monroe County, Florida.
6.04 Indemnities and Releases.
(a) Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement,
the Operator shall protect, indemnify, and hold harmless the County and its respective officers, board
members, employees and agents (the "County Indemnified Parties ") from and against all liabilities, actions,
damages, claims, judgments, losses, costs, expenses, suits, or actions and reasonable attorney's fees, and
shall defend the County In any suit, including administrative actions and appeals, for personal injury to, or
death of, any person or persons, or loss of or damage to property, or for any fines or governmental
penalties, caused by the negligence or wrongful acts or omissions of the operator arising out of the
performance or non - performance of the Operator's obligations under this Agreement, the improper disposal
of Recyclables or the breach by Operator of any representation or condition of this Agreement the Operator
Is not, however, required to reimburse or Indemnify County or any County Indemnified Party for loss or
claim due to negligence of County or any County Indemnified Party to the extent the loss or claim was
caused by the County or any County Indemnified Party. The Operator's aforesaid Indemnity Is for the
exclusive benefit of the County and the County Indemnified Parties, and in no event shall inure the benefit
of any third, party. This indemnification set forth in this subsection shall survive the termination of this
Agreement
(b) The Operator shall protect, indemnify and hold harmless the County and the County
Indemnified Parties from and against all cost recovery or remedial actions arising
under the Comprehensive Environmental Response, Compensation and Liability
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Act,42 U.S.C., Sec.9601 et sea. and Florida Statute 403, the Solid waste Act, brought
against the County or the County's Indemnified Parties and arising from Operator's
transportation and disposal of Recyclables pursuant to this Agreement - The
indemnification set forth in this subsection shall survive the termination of this
Agreement.
(c) The County under the terms and provision of Florida Statute 768.28 shall protect,
indemnify and hold harmless the Operator and any subcontractors, and their respective
officers, directors, employees and agents (the "Operator Indemnified Parties ") from and
against all liabilities, actions, fines, damages, claims demands, judgments, losses, costs,
expenses, suits, or actions and reasonable attorneys' fees, and shall defend the Operator
Indemnified Parties In any suit, including appeals, for personal injury to, or death of,
any person or persons, or loss of, or damage to property or any suit arising out of the
negligent performance (or nonperformance) of the County's obligations under this
Agreement up to the waiver amount set forth In Section 768.28 Florida Statutes. The
County Is not, however, required to reimburse or indemnify any Operator Indemnified
Party for loss or claim due to negligence of any Operator Indemnified Party. This
Indemnification shall survive the termination of this Agreement.
(d) More fully described in Section 4.02 herein, Operator and the County hereby waive any
and every claim for recovery from the other and from any subcontractors for any and all
loss or damage to each other resulting from the performance of this Agreement, which
is covered by valid and collectible insurance policies, but only to the extent to which
such loss or damage Is actually recovered under such insurance policies.
(e) There are no warranties or guarantees of the Operator which extend beyond those
expressed in this Agreement, and the Operator DISCLAIMS AND THE COUNTY
WAIVES ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY
LAW,INCLUDING WARRANTIES OR MERCHANTABILITY, WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOM AND IMAGE.
6.05 Further Assurances
Each party agrees to execute and deliver any instruments and to perform any action that may
be necessary,or, reasonably requested, in order to give full effect to this Agreement.
Each party shall use all reasonable efforts to providesuch Infonnation, execute such further
instruments and documents, and take such action as may be reasonably requested by the other
party not Inconsistent with the provisions of this Agreement and not involving the assumption
of obligations other than those provided for In this Agreement to carry out the Intent of this
Agreement.
6.06 Warranties, Machinery, Equipment and Materials
The Operator shall exercise all reasonable efforts to obtain manufacturers' warranties for
equipment and materials at the Facility and to assign such warranties to the County in
accordance with this Agreement. The Operator hereby agrees that the County shall be subrogated
to all of the Operator's rights and privileges under all suppliers' warranties and that if the
Operator shall not have, within 30 days after written notice from the County, moved to enforce
its rights and privileges under any of such warranties, the County may enforce such rights as the
Operator would otherwise have under such warranties. This Section 6.06 shall survive the
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termination of this Agreement.
6.07 IndustrialPropert Rights.
The Operator and the County agree to hold in strictest confidence not to disclose to third pasties
any confidential or proprietary know -how, trade secrets, technical data or other data or
information which has been Identified by one party to the other as proprietary or confidential and
has been or shall be furnished by one party to the other in connection with the performance of this
Agreement, except that In each instance this Section shall not apply to such matters which (i) were
In the receiving party's lawful possession prior to submission thereof by the disclosing party and
had not been obtained by the receiving party either directly or indirectly from the disclosing
party, or (ii) are hereafter lawfully made available to the receiving party by a third party or (iii)
are, or at any time became available to the public through no act or failure to act by the receiving
part, or (iv) any matters required to be disclosed or made public under the requirements of law.
6.08 Representations
(a) The County s Representations. The County represents to the Operator that:
(1) The County is duly organized and existing in good standing under the laws of the
State of Florida and is authorized to carry on the governmental functions and
operations as contemplatedby this Agreement.
(2) The County has the power, authority and legal right, to enter into and perform its
obligations set forth in this agreement, and the execution, delivery and performance
hereof (i) have been duly authorized, (ii) have the requisite approval of appropriate
governmental bodies.
(3) This Agreement has been duly entered into and delivered and, as of the Contract
date, constitutes a legal, valid and binding obligation of the County, enforceable In
accordance with its terms.
(b) Operator's Representations The Operator hereby represents to the County that:
(1) The Operator is duly organized and existing In good standing under the laws of the
State of Florida, and is duly qualified to do business wherever necessary to carry on
the business and operations contemplatedby this Agreement.
(2) The Operator has the power, authority and legal right to -enter into. and perform
its obligations set forth in this agreement, and the execution, delivery and
performance hereof (i) has been duly authorized,(ii) has the requisite approval of
appropriate governmental bodies, (iii) does not violate any judgment, order, law
or regulation applicable to the Operator of any provisions of the Operator's
certificate of incorporation or bylaws and (iv) does not constitute a default under
or result in the creation of any lien, charge, encumbrance or security interest upon
any assets of the Operator under any agreement or instrument to which the
Operator is a party or by which the Operator or Its assets may be bound or
affected.
(3) The Operator holds, or is expressly authorized under, the necessary patent
rights, licenses and franchises to the Recyclables Facility Sites pursuant to the
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terms of this Agreement.
(4) This Agreement has been duly entered into and delivered and, as of the contract
date, constitutes a legal, valid and binding obligation of the Operator,
enforceable in accordance with its terms.
(5) The Operator warrants that its consultants, subconsultants, agents and employees
have the experience, knowledge and character necessary to qualify them for the
particular duties that each may perform under this Agreement and shall perform such
services in accordance with the highest professional standards and free from defects
in materials and workmanship.
(6) The Operator has or will obtain all necessary permits required to operate the
Recyclables Facility Sites.
6.09 Relationship of the Parties.
Except as otherwise explicitly provided herein, no party to this Agreement shall have any
responsibility whatsoever with respect to services provided or contractual obligations assumed
by any other party and nothing in this Agreement shall be deemed to constitute any party a
partner, agent, or legal representative of any other party or to create any fiduciary relationship
between or among the parties.
6.10 Documents Pertaining to the Recyclable Facility Sites.
All documents prepared by or for the Operator pertaining to the Recyclable Facility Sites for
the purpose of operating and maintaining the Recyclable Facility Sites shall become the
property of the County, upon termination of this Agreement, subject to any applicable
proprietary restrictions, provided that the Operator may retain and use copies thereof.
6.11 Notices
Any notices or communication required or permitted hereunder shall be in writing and
sufficiently given or delivered In person, or sent by certified or registered mall, postage prepaid,
as follows:
As to the Operator. President
Waste Management Inc. of Florida
2700 Wiles Road
Pompano Beach, FL 33073
As to the County: County Administrator
Monroe County
1100 Simonton St, Ste 2 -205
Key West,FL 33040
Changes In the respective addresses to which such notice may be directed may be made from
time to time by any party by writtennotice to the other party.
6.12 Waiver
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The waiver by either party of a default or a breach of any provision of this Agreement by
the other party shall not operate or be construed to operate as a waiver or any subsequent
default or breach. The making or the acceptance of a payment by either party with
knowledge of the existence of a default or breach shall not operate or be construed to
operate as a waiver of any subsequent default or breach.
6.13 Modifications
The provisions of this Agreement, including the present and all future schedules, together
with the agreements incorporated by reference, shall (1) constitute the entire agreement
between the parties for the operation of the Recyclable Facility Sites, and (2) be modified,
unless provided herein to the contrary, only by written agreement duly executed by both
parties. In the event of any conflict, variation or inconsistency between these general terms
and conditions of this Agreement and any of the schedules, these general terms and
conditions shall control.
6.14 Headings
Captions and headings In this Agreement are for ease of reference only and do not
constitute a part of this Agreement.
6.15 Governing .Law.
This Agreement and any questions concerning its validity, construction or performance
shall be governed by the laws of the State of Florida, irrespective of the place of execution or
of the order in which the signatures of the parties are affixed or of the place or places of
performance.
6.16 Venue
Venue for all purposes arising out of this Agreement shall be in Monroe County, Florida,
unless prohibited by law.
6.17. Counterparts
This Agreement may be executed in more than one counterpart, each of which shall be deemed
to be an original.
6.18 Severability
In the event that any provision of this Agreement shall, for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parries hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements of, or to, this Agreement or such
other appropriate changes as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the parties as reflected herein,
and the other provisions of this Agreement shall, as so amended, modified, supplemented or:
otherwise affected by such action, remain in full force and effect.
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6.19 Unless Stated Otherwise.
Whenever this Agreement requires performance by the Operator, it shall be at the Operator's
expense and whenever this Agreement requires performance by the County it shall be at the
County's expense.
6.20 Performance Bond
The Operator shall provide a performance bond in the amount of $300,000 Issued by a surety or
Insurance company licensed or authorized to do business In the State of Florida. Notwithstanding
anything herein to the contrary, in the event this Agreement Is terminated due to the default of
Operator under the provisions of Section 5.02 hereof, and the County receives payment from the
surety, the Operator's liability for any and all obligations hereunder shall be limited to said amount
paid under the performance bond.
6.21 Forms.
The following documents awattached to this Contract and shall be executed annually on January I
each year of the Contract term:
Schedule A
Ethics Form
Schedule B
Drug Free Workplace Form
Schedule C
Public Entity Crimes Form
Schedule D
Non Collusion Affidavit
6.22 Maintenance of Records
Operator shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each party
to this Agreement or their authorized representatives, or the Florida Department of Environmental
Protection or its designee, 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 four years following
the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running
from the date the monies were paid to Contractor.
6.23 Code of Ethics
County agrees that officers and employees of the County recognize and will be required to comply with
the standards of conduct for public officers and employees as delineated in Section 112.313, Florida
Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment or contractual
relationship; and disclosure or use of certain information.
6.24 No Solicitation/Payment.
The County and Operator warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this
21
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For the breach
or violation of the provision, the Contractor agrees that the County shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
6.25 Public Access
The County and Operator shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other 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
Agreement. Pursuant to F. S. 119.070 1, Franchisee and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe
County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe County
would provide the records and at a cost that does not exceed the cost provided in Florida Statutes,
Chapter 119 or as otherwise provided by law
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all
public records in possession of the Franchisee upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to Monroe County in
a format that is compatible with the information technology systems of Monroe County.
The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by
the operator that in not timely cured.
6.26 Non Waiver of Immunity
Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of parties in this
Agreement and the acquisition of any commercial liability insurance 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.
6.27 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 that 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
22
performance of such functions and duties of such officers, agents, volunteers or employees outside the
territorial limits of the County.
6.28 Legal Oblieations And Responsibilities: Non - Delegation Of Constitutional Or Statutory Duties.
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any other participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, not shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to
the extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the provisions
of Chapters 125 and 163, Florida Statutes.
6.29 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 any third -party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the Franchisor and Franchisee agree that neither the Franchisor or
Franchisee, or any agent, officer or employee of either shall have the authority to inform, counselor
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 contemplated in this Agreement.
6.30 Attestations
Operator agrees to execute such documents as the County may reasonably require, including a Public
Entity Crime Statement, and Ethics Statement, and a Drug -Free Workplace Statement.
6.31 Covenant Of No Interest
The County and Operator covenant that neither presently has any interest, and shall not acquire any
interest, that would conflict in any manner or degree with its performance under this Agreement, and that
the only interest of each is to perform and receive benefits as recited in this Agreement.
6.32 Cooperation
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance or breach of this Agreement, County and Operator agree to participate,
to the extent required by the other party, in all proceedings, hearings, processes, meetings and other
activities related to the substance of this Agreement or provision of the services under this Agreement.
County and Operator specifically agree that no party to this Agreement shall be required to enter into any
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, 6
arbitration proceedings related to this Agreement or any Attachment or Amendment to this Agreement.
6.33 Bindine Effect
The terms, covenants, conditions and provisions of this Agreement shalt bind and inure to the benefit of
the County and Operator and their respective legal representatives, successors and assigns.
6.34 Existine Or Prior Aereements
The terms and conditions of this Agreement supersede the terms, obligations and conditions of any
existing or prior agreement or understanding, written or verbal, between the parties regarding the work
performed, compensation to be paid, and all other matters contained herein.
6.35 Public Awareness Program
The Operator shall assemble a website and maintain a website in the form of a public outreach dashboard,
and regularly input information, provided by the County, regarding the services, activities and tonnage of
recycle materials processed. Additionally, the Operator shall assist the County with a Public Awareness
Program by distributing door hangers, stickers, flyers or other media to residential and commercial
customers as requested by the County.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their duly
red officers or representatives as of the day and year first above written.
MONROE COUNTY, FLORIDA
/D.C. By: 4 �- -
ayor
Approved by Office of General Counsel
As to Form and Legal Sufficiency
ATTEST:
Corporate Seal
T �
MONROE COUNTY ATTORNEY
FORM: � QTII'li( � !A ARROWS
ASSISTANT U ?y TY ATTORNEY
As to the Operator Date
WASTE MANAGEMENT INC OF FLORIDA
By:
awkins, President
241
SCHEDULE "A"
SWORN STATEMENT UNDER ORDINANCE NO. 10 -1990
MONROE COUNTY; FLORIDA
ETHICS CLAUSE
Waste Management Inc. of Florida warrants that he/it has not employed, retained or otherwise had act on
his/its behalf any former county officer or employee in violation of Section 2 of Ordinance No. 10 -1990
or any county officer or employee in violation of section 3 of Ordinance No. 10 -1990. For breach or
violation of this provision the County may, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the
former county officer or employee—.-- - - — -- -
WASTE MAN GEMENJ INC. OF FLORIDA
By: I X" k�
i ure) 11MV I M T 0 . HAWKINS, PRESIG ".v i
Date: _ 0 j
STATE OF
COUNTY OF
h�HN `0r
Subscribed and sworn to (or affirmed) before me on 2014by
(name of affiant).
He /She is personally personally kno wLi to me or has produced
as identification. (Type of identification)
NOTARY PUBLIC
S
USAN CO RISTA N
MY COMMISSION t FF 085349
* * EXPIRES: January 2 9 - 2018
111 0 n0' apMTtngyPNQ"$ervkes
25
'KIP
SCHEDULE "B"
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Waste Management Inc. of Florida
(Name of Business)
1.Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4.In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6.Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person autho to sign the statement, I certify that thi firm complies fully with the
above re uir ents.
q �� 11 � M�Ik3ERAF,rtT INC. OF FCdRIt1A�
Si
� By: RESIDENT
Date: M A-
STATE OF: r'Lml tA
COUNTY OF: T wRr_b
Subscribed an sw (or ffrnle� Mai before me on D � � � (date) by
(name of affiant). He /She is personally known to me or
has produced (type of idenri gat>on ) as i %itifipation.
NOTARY
My Commission Expires:
os "a � SUSAN CHRISTA JOHNSON
- Expires: . • COMMISSION IFFF06 O
26
�'R "yep Bonded TWO IV* Nodry Senixt
.c
SCHEDULE "C"
PUBLIC ENTITY CRIME STATEMENT
"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 any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the 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 CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list."
I have read the above and state that neither Waste Management Inc. of Florida (Operator's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
WASTE MANAGEMENT INC. OF FLORIDA
By: TIMOTHY B. HAWKINS, PRESIDE i
ture)
Date:
STATE OF: �I�u � - 1 D
COUNTY OF: I IilJ—
Subscribed and sworn to (or affirmed) before me on i r iti V
(date) by HAW K-1 N) 5 (name of affiant). He /She is personally known to
me or has produced (type of identification) as identification.
NOTARY PUBUC
r o�;A �• °. °'��, Sl1SAN CHRISTA JOHNSON
My Commission Expires: * � *
EXPIRES: t FF 06531A
EXPIRES: January 29, 2018
a47 ,, Bonded Thru Budget Notary Service
27
SCHEDULE "D"
NON - COLLUSION AFFIDAVIT
� -)
I, mC , kl G of the city of � � 4 I F MD according to law on my oath,
and under penalty of perjury, depose and say thaw._. .
WASTE MANAGEMENT INC. OF FLO01bA
a. I am of the firm of the bidder making the
�op���� �th�L prgjec� described in the Request for Proposals for
f and that I executed the said proposal with full authority to do
so;
b. the prices in this bid have been arrived at independently without collusion, consultation, communication
or agreement for the purpose of restricting competition, as to any matter relating to such prices with any
other bidder or with any competitor;
c. unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
d.no attempt has been made or will be made by the bidder to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
Subscribed and swom to (or affirmed) before me on (date) by
(name of affrant). He /She is pe known to me or
e. the statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts
for said project. TIMOTHY B. HAWKINS, PRESIDENT
(Signature) l
Date `
STATE OF:
l bw
COUNTY OF: Lo
has produced
identification.
(type of identification) as
NOTARY PUBLIC
SUSAN cHRISTA JOHNSON
# * My COMMISSION i FF 065349
EXPIRES: January 29,2018
My Commission Expires: ITI -1711V 8wWodThrv0u*N*"S*MM
28
Performance Bond
Bond No: 600213
KNOW ALL MEN BY THESE PRESENTS, that Waste Management Inc. of Florida, as Principal, and Evergreen
National Indemnity Company, 6140 Parkland Boulevard Suite 321 Mayfield Heights, O hio 44124, the Surety, are
held and firmly bound unto the Monroe County, as Obligee, in the penal sum of Three Hundred Thousand and
No /100 Dollars ($300,000.00) for the payment of which we bind ourselves, our heirs, administrators, executors,
successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement for Amended and Restated Recyclables
Disposal and Operations Agreement between Monroe County and Waste Management Inc. of Florida with the
above mentioned Obligee, which Agreement is hereby incorporated herein as If fully rewritten Not withstanding, any
terms and provisions specifically modified herein shall have the meaning given in this bond.
NOW, THEREFORE, the condition of the above obligation is such that if the Principal shall promptly and faithfully
perform this Agreement, then this obligation shall be null and void; subject, however, to the following conditions:
1. This bond is for the term beginning October 1, 2014 and ending September 30, 2024
2. If there is no breach or default on the part of the Obligee, then the Surety's performance obligation under
the bond shall arise after:
a. The Obligee has notified the Principal and the Surety in writing at their respective addresses of the
alleged breach, and has requested and attempted to arrange a conference with the Principal and
the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods
of performing the Agreement; and has made available during notice period all books, records, and
accounts relevant to the Agreement which may be requested by the Principal or Surety. If the
Obligee, Principal and Surety agree, the Principal shall be allowed a reasonable time to perform the
Agreement; but such an Agreement shall not waive the Obligee's right, if any subsequently to
declare a Principal default;
b. The Obligee has declared the Principal in default and formally terminated the Principal's right to
complete the Agreement, provided, however, that such default shall not be declared earlier than
twenty (20) days after the Principal and the Surety have received the notice as provided in "a"
above; and
C. The Obligee has agreed to pay the balance of the Agreement price to the Surety in accordance with
the terms of the Agreement or to such Principal as may be tendered by the Surety to the
Obligee.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the
Surety of this instrument unless same be brought or instituted and process served upon the Surety within
six months after the expiration of the bond. The parties hereto expressly acknowledge and agree that no
liquidated damages shall be claimed, due or payable by Surety pursuant to this Bond.
4. The bond may be extended for additional terms at the option of the Surety, by Continuation Certificate
executed by the Surety.
5. Neither non - renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall
constitute loss to the Obligee recoverable under this bond.
6. In no event shall the liability of the Surety hereunder exceed the penal sum hereof.
ENIC Perf Bond (3/2014)
Signed, sealed and executed this 29th day of May 2014.
Waste Management Inc. of Florida
Evergreen National Indemnity Company
Principal Surety
�
u e Tyler, A ey -in -Fact
(Corporate Seal)
By: 5 , Opj"-
Jennifer S. C eland, Attorney -in -Fact
(Corporate Seal)
Witness: w
Ano6o Chawla Adlakha
Witness:
an omas
ENIC Perf Bond (3/2014)
EVERGREEN NATIONAL INDEMNITY COMPANY
MAYFIELD HEIGHTS, OH
POWER OF ATTORNEY
Bond No. 600213
KNOW ALL MEN BY THESE PRESENTS: That the Evergreen National Indemnity Company, a corporation in the State of Ohio does
hereby nominate, constitute and appoint: Jennifer S. Copeland, Michael J. Herrod, Wendy W. Stuckey, Nancy A. Thomas and Lupe Tyler
its true and lawful Attorney(s) -In -Fact to make, execute, attest, seal and deliver for and on its behalf, as Surety, and as its act and deed,
where required, any and all bonds, undertakings, recognizances and written obligations in the nature thereof, PROVIDED, however, that the
obligation of the Company under this Power of Attorney shall not exceed TEN MILLION AND 00/100 AND 00/100 DOLLARS
($10,000,000.00).
This Power of Attorney is granted and is signed by facsimile pursuant to the following Resolution adopted by its Board of Directors on the
23rd day of July, 2004:
"RESOLVED, That any two officers of the Company have the authority to make, execute and deliver a Power of Attorney constituting as
Attorneys) -in -fact such persons, firms, or corporations as may be selected from time to time.
FURTHER RESOLVED, that the signatures of such officers and the Seal of the Company may be affixed to any such Power of Attorney
or any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Company; and any such powers so executed and certified by facsimile signatures and
facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is
attached."
IN WITNESS WHEREOF, the Evergreen National Indemnity Company has caused its corporate seal to be affixed hereunto, and these
presents to be signed by its duly authorized officers this 1st day of June, 2009.
Imp,
i aAppORAr o
SEAL =
*OHIO
Notary Public)
State of Ohio) SS:
EVERGREEN NATIONAL INDEMNITY COMPANY
L- -- w 401-.
By:
Charles D. Hamm Jr, President
David A. Canzone, CFO
By
On this 1st day of June, 2009, before the subscriber, a Notary for the State of Ohio, duly commissioned and qualified, personally
came Charles D. Hamm, Jr. and David A. Canzone of the Evergreen National Indemnity Company, to me personally known to be the
individuals and officers described herein, and who executed the preceding instrument and acknowledged the execution of the same and
being by me duly sworn, deposed and said that they are the officers of said Company aforesaid, and that the seal affixed to the preceding
instrument is the Corporate Seal of said Company, and the said Corporate Seal and signatures as officers were duly affixed and subscribed
to the said instrument by the authority and direction of said Corporation, and that the resolution of said Company, referred to in the
preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at Columbus, Ohio, the day and year above
uxittan
� ", '
Z0,R/IAi d
" Ja s
—
NOTARY PUSLIC
STAtfOFQHIQ
Comm, Expires
AVM04.
State of Ohio ) SS:
Penny M. Burns, Notary Public
My Commission Expires April 4, 2017
I, the undersigned, Secretary of the Evergreen National Indemnity Company, a stock corporation of the State of Ohio, DO HEREBY
CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the
Board of Directors, set forth herein above, is now in force.
Signed and sealed in Mayfield Hts, Ohio this 29th day of May 20 14.
�apORArF
O�
wAA
Wan C. Collier, Secretary
POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS that Waste Management, Inc. and all
Subsidiary and Affiliate Companies (the "Corporation "), has constituted and appointed and does
hereby appoint Margaret Buboltz, Jennifer S. Copeland, Vanessa Dominguez, Michael J. Hetrod,
Wendy W. Stuckey, Nancy Thomas, Lupe Tyler, and Stephenie Whittington of Aon Risk
Services Southwest, Inc., each its true and lawful Attorney -in -fact to execute under such
designation in its name and to affix its corporate seat to deliver for and on its behalf as surety
thereon or otherwise, bonds of any of the following classes, to wit:
1. Surety bonds to the United States of America or any agency thereof, and lease and
miscellaneous surety bonds required or permitted under the laws, ordinances or
regulations of any State, City, Town, Village, Board or any other body or
organization, public or private.
2. Bonds on behalf of contractors in connection with bids, proposals or contracts.
The foregoing powers granted by the Corporation shall be subject to and conditional upon the
written direction of any officer (or any designee of any such officer) to execute and deliver any
such bonds.
The signatures and attestations of such Attorneys -in -fact and the seal of the Corporation may be
affixed to any such bond, policy or to any certificate relating thereto by facsimile and any such
bond, policy or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Corporation when so affixed.
IN WITNESS WHEREOF, the Corporation has caused these presents to be signed by
its Vice President and Treasurer and its corporate seal to be hereto affixed thisday of
Witness:
Cam L»
Waste Management, Inc.
� - a J �
Devina A. Rankin
Vice President and Treasurer
�1
A � °' CERTIFICATE OF LIABILITY INSURANCE,,,,,,,, DA �" �'
THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NE OA E COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DO CTS N THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CE FICATE H
IMPORTANT: If the certificate holder Is en ADDITI INSURED, the policy(les) must be end rsed. H SUBROGATION IS WAIVED, subject to
the terms and conditions of the polh:y, amfaln poi Me may require an endorsement A e nt on this certificate does not confer rights to the
certificate holder In lieu of such endoreement(s). n ,,,
oDUCea LOCKTON COMPANIES, LLC
5847 SAN FELIPE, SUITE 320
HOUSTON TX 77057
866- 260.3538 1 MONROE
INSURED WASTE MANAGEMENT HOLDINGS, INC. 3 ALL AFFIL
1300299 RELATED & SUBSIDIARY COMPANIES INCLUDING:
WASTE MANAGEMENT OF THE FLORIDA KEYS, INC.
125 TOPPINO INDUSTRIAL DRIVE
ROCKLAND KEY FL 33040
CO
COVERAGES CERTIFICATE E: 3436215 V I NUMBE
ED NAMED
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUR 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.
TYPE OF INSURANCE a VM POLICY NUMBER LIMITS
• GENERALLIABILITY y y HDO G2732924A 1/1/2014 1/1/2015 EACH OCCURRENCE 5,000.0 0
X COMMERCIAL GENERAL LABILITY 5 , 000, 00 0
CLAIMS-MADE X❑ OCCUR MED EXP are ► }00Cx)Q(
X XCU INCLUDED PERSONAL A ADV INJURY s 5,000,000
X ISO FORM CG 00011207 GENERAL AGGREGATE s 6, 000,000
csEw L AOGRECiATE LIMIT APPLIES PER 1PROOUCTS . COMPIOP AGG s 6.000.000
X X LOC I I 1 s
• AUTOMOBILE LIABILITY Y Y MMT H08816025 1/1/2014 1/112015
s 1,000,000
X ANY AUTO BODILY INJURY (Pa QYV person) $ JQQQ(}
BODILY INJURY (Per XXXX1��
X A NED SCHEDULED s
X H IRED AUTOS X (Far A � � s XXXXXXx
1 X MCS•90 s X CKXX X
C }( tM SM-LA LIAB NOCCUR Y Y XOO G27054961 1/112014 1/1/2015 EACH OCCURRENCE S M 000,000
000
EXCESS LIAB CLAM" AGGREGATE s 15,000, 000
DED I I RETENTIoN s a 7{
B AND EMPLOYERS• LuAeanY YI N Y WLR C4797IS345 AOS 1!2015 X IMUMrm
A sxa.uowr � N /A S SC CF C47876369 (1� � ) I /l/2014 I 1/1/2014 1/ /l/2011 aL EACH s 3,000,000
w ee� EL asEnsa a ra EMPLOYS z3,000,000
3.0 00 000 - PCLCYUMrr - a A EXCESS AUTO O y Y XSA H09916013 1/1/2014 1/1/2015 COMBINED SINOL811MTr
LLABILI
(9,000,000
(EACH ACCmENn
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 4Afhah ACORD 101, Addhhmal Romania Schedule, N more @pace le 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 ADDITIONAL ADDIL INSURED
(EX EPT FOR WORKERS COMPEL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT.
AP ENT
RECEIVED WAI tX4
CERTIFICATE HOLDER May - 1 , :a 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.
3430215 AUTHORIZED REPRESENTATIVE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
1100 SIMONTON STREET
KEY WEST FL 33040 cf
}
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The ACORD name and logo are registered marls of ACORD